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23.04.2020
Sl. No.60
as/akd
[INTERIM BAIL]
C. R. M. 3292 of 2020 [via video conferencing]
(CRAN 1645 of 2020)
In Re: An application for bail under Section 439 of the Code of Criminal Procedure in
connection with Bokultala Police Station Case No.33 of 2020 dated 24.01.2020 under
Sections 498A/304B/302/34 of the Indian Penal Code read with Sections 3/4 of the Dowry
Prohibition Act.
And
In Re: Momota Marik
… … Petitioner
Mr. Angshuman Chakraborty .. Advocate
… … for the petitioner
Mr. Swapan Banerjee .. Advocate
… … for the State
In Re : CRAN 1645 of 2020
Petitioner undertakes to affirm and stamp the petition/application as per Rules
within 48 hours of resumption of normal functioning of the court. Subject to such
undertaking, the application is taken up for hearing through video conferencing.
Heard the learned advocates appearing for both the parties.
It is submitted on behalf of the petitioner that she is the mother-in-law of the
victim-housewife. It is further submitted that the petitioner is in custody for about 82 days.
Learned advocate appearing for the State opposes the prayer for bail and prays
for time to produce the case diary.
Having considered the materials on record and bearing in mind the period of
detention suffered by the petitioner, we consider it prudent to release the petitioner on
interim bail in the present case however, subject to the following conditions.
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Accordingly, the accused/petitioner namely, Momota Marik shall be released on
interim bail on executing a personal bond to the satisfaction of the learned Chief Judicial
Magistrate, South 24-Parganas-in-charge subject to condition that the said petitioner shall
not intimidate witnesses or tamper with evidence in any manner whatsoever and on
further condition that she shall stay at her permanent residence and shall not move out of
her residence without the express permission of the Officer-in-charge of the police station
within whose jurisdiction she shall reside. Petitioner shall be subjected to medical
examination by the medical authorities attached to the correctional home where she is
presently lodged and shall be so released only upon issuance of a fit certificate by the
said authorities. The interim bail shall continue for a period of three months or until further
orders, whichever is earlier.
The application being CRAN 1645 of 2020 is accordingly, disposed of.
Let this matter appear for further hearing two months hence. Case diary be
produced on that day.
Learned Chief Judicial Magistrate, South 24-Parganas-in-charge as well as all
concerned authorities shall act in terms of the copy downloaded from the official website
of this court.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)