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Judgments of Supreme Court of India and High Courts

Rahul Mondal vs Unknown on 16 February, 2018

1

16.02.2018

11.SL.AJ.

Allowed C.R.M. 1420 of 2018

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 14.02.2018 in connection with Domkol
P.S. Case No. 596 of 2017 dated 02.07.2017 under Sections
498A/304B/34 of the Indian Penal Code.

And
In the matter of : Rahul Mondal. … petitioner.

Mr. Mrityunjoy Chatterjee,
Mr. Joydeep Dutta. …for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Partha Pratim Das. …for the State.

The petitioner is seeking bail in connection with a case
relating to offences punishable under Sections 498A/ 304B/34 of
the Indian Penal Code.

Mr. Chatterjee, learned advocate for the petitioner submits
that he is in custody for 215 days and that there is no prospect of
the trial reaching a logical conclusion at an early date.

Mr. Mukherjee, learned Public Prosecutor appearing for the
State has very fairly invited our attention to the note of the doctor
at page ’43’ of the case diary. Such note records the dying
declaration of the victim implicating only her parents-in-law and
not her husband (the petitioner).

In that view of the matter, we are inclined to grant the prayer
for bail.

Accordingly, it is directed that the petitioner shall be released
on bail upon furnishing a bond of Rs.10,000/- with two sureties of
like amount each, one of whom must be local, to the satisfaction of
the learned Chief Judicial Magistrate, Murshidabad at Berhampore
on condition that the petitioner shall appear before the trial court
on every date of hearing and he shall not intimidate witnesses or
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tamper with evidence in any manner whatsoever and on further
condition that he shall not leave the jurisdiction of Domkol Police
Station except for attending the court proceeding and shall report
to the Officer-in-Charge of Domkol Police Station once in a
fortnight until further orders.

In the event the petitioner fails to appear before the trial
court without justifiable cause, the trial court shall be at liberty to
cancel his bail without reference to this Court.

The application for bail stands disposed of.

( Dipankar Datta, J.)

( Rajarshi Bharadwaj, J. )

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