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Judgments of Supreme Court of India and High Courts

Sk. Manirul Islam vs Unknown on 27 March, 2019

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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.)

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