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27.3.2019
CRM 3025 of 2019
Sl No.6
Ct.No.42
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 11th March, 2019 in connection with
Panskura Police Station Case No. 524 of 2018 dated 26.10.2018
under Sections 498A/307/34 of the Indian Penal Code and Section 4
D.P. Act and adding Section 302 of the Indian Penal Code.
And
G.S.Das In the matter of: Sk. Manirul Islam.
….petitioner.
(Rejected)
Sk. Rejaul Alam
Mr. Raj Kr. Sain
…for the petitioner.
Mr. Saswata Gopal Mukherjee, Ld. PP
Ms. Amita Gaur
…for the State.
This is a case under Section 498A/307/34 of the Indian Penal
Code.
Learned Lawyer for the petitioner submits that the petitioner is
the husband of the victim and is in custody for 168 days.
Learned Lawyer for the State opposes the prayer for bail and
submits that the case has been committed and is ready for framing of
charges.
We have perused the materials on record including the case
diary and we find that the victim has solely made the husband
responsible for the incident.
Considering the incriminating circumstance appearing against
the petitioner we are not inclined to grant bail at this stage.
The prayer for bail of the petitioner is rejected.
Pursuant to the order dated 19.3.2019 passed by this Court
we have received a report from the Officer-in-
Charge of Panskura Police Station, Purba Medinipur. On perusing the
contents of the aforesaid report, we express our dissatisfaction as the
Officer-in-Charge did not provide any explanation as to why he
certified the incomplete statement of the victim.
Considering the aforesaid conduct of the Officer-in-Charge and
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the Investigation Officer of the Panskura Police Station being Case No.
524 of 2018, we direct the Superintendent of Police, Purba Medinipur
to take appropriate action in respect of such incomplete explanation
being submitted before the Hon’ble High Court. The Superintendent of
Police, Purba Medinipur is directed to conduct an enquiry and report
to this Court as to what steps have been taken against these officers
by 26.4.2019.
The matter is directed to appear on 26.4.2019 under the
heading “For Orders” for compliance by the Superintendent of Police,
Purba Medinipur.
Let a plain photocopy of this order, duly counter signed by the
Assistant Registrar (Court), be given to the Learned Advocate for the
State on usual undertakings.
(Md. Mumtaz Khan, J.)
(Tirthankar Ghosh, J.)