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Judgments of Supreme Court of India and High Courts

Somnath Mondal vs Unknown on 17 September, 2018

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26 17.9.2018

C.R.M. 7317 of 2018

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 05/09/2018 in connection with
Minakhan P.S. Case No.50 of 2018 dated 17/02/2018 under
Sections 498A/304B/302/406 of the Indian Penal Code read
gd with Sections 3/4 of the Dowry Prohibition Act.

And

In the matter of: Somnath Mondal.

….petitioner.

Ms. Minoti Gomes
Mr. Suman Das Adhikary
Mr. Shatadru Lahiri

…for the petitioner.

Ms. Sukanya Bhattacharyay
Mr. Arindam Sen
…for the State.

The petitioner seeks bail in connection with Minakhan P.S. Case

No.50 of 2018 dated 17/02/2018 under Sections 498A/304B/302/406 of the

Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

The petitioner claims that notwithstanding the allegation that the

petitioner mercilessly beat up his wife and throttled her to death, the

postmortem report does not indicate any signs of external injury and, despite

the opinion of the medical officer that the death was by manual strangulation,

it is the observation of such medical officer that even the hyoid of the victim

was intact.

The petitioner has been in custody for more than 200 days.

The State says that the petitioner’s fingerprints have been taken but

the report has not yet been received and the trial cannot be proceeded with on

such ground.

Considering that the petitioner may not be required any further for

custodial interrogation, it may not be necessary to detain the petitioner in

custody as long as stringent conditions are imposed.

Accordingly, the petitioner is directed to be released on bail upon

furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two

sureties of like amount, one of whom must be local, to the satisfaction of the

Additional District Sessions Judge, F.T. Court-1, Basirhat, North 24-

Parganas on condition that he shall not intimidate the witnesses or tamper

with the evidence in any manner whatsoever and he shall appear before the

trial court on every date of hearing and in the event he fails to do so, the trial
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court shall be at liberty to cancel his bail without further reference to this

Court.

In addition, the petitioner will meet the officer-in-charge of Minakhan

Police Station once a week till the conclusion of the trial and will not leave this

State without the previus permission of such officer-in-charge.

The application for bail is, accordingly, allowed.

A certified copy of this order be immediately made available to the

petitioners, subject to compliance with all requisite formalities.

(Sanjib Banerjee, J.)

(Abhijit Gangopadhyay, J.)

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