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Saheba Begum @ Saheba Mallick @ … vs Unknown on 13 April, 2017



CRM No. 3086 of 2017

In Re:- An application for bail under Section 439 of the Code of Criminal
Procedure filed on 07.04.2017 in connection with Amta P.S. Case No. 161/15
dated 04.05.15 under Sections 498A/306/34 of the Indian Penal Code.

In the matter of: Saheba Begum @ Saheba Mallick @ Sahabar Begum

Ms. Sreyashee Biswas for the petitioner

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mrs. A. Gour for the State

Heard the Learned Counsel appearing on behalf of the parties. Perused the

case diary.

The petitioner is the mother-in-law. She is in custody for 466 days.

The case could not have been committed due to the fact that one of the co-

accused, i.e. the husband is still absconding.

It is true that earlier the petitioner’s prayer for bail was rejected as many as

four times relying on a suicide note left by the victim. Earlier on no occasion it

was brought to our notice that as the suicidal note was never sent to the hand

writing expert for verification of the authenticity and for finding that it was the

hand writing of the victim or not.

After the last rejection of the petitioner’s prayer for bail on 23rd September

2016, there has been no progress in the trial.

Now considering the petitioner’s length of detention in custody, which is

more than one year and the fact that when no case is made out if the petitioner is

released on bail she is likely to abscond, the prayer for bail is allowed.

Let the petitioner be released on bail to the satisfaction of the Learned

Additional Chief Judicial Magistrate, Uluberia, Howrah upon furnishing a bond of

Rs. 10,000/- with two sureties of Rs. 5,000/- each, one of whom must be local.

The prosecution shall have the liberty to approach the court below for

getting the case of the petitioner to be split up from that of the absconding


If such prayer is made, then in that case the court below certainly allowed

the same in accordance with law and in that case shall provide under Section

229 of the Code of Criminal Procedure.

The application for bail is thus disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)

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