Item no. 58
C.R.M. No.7630 of 2018
In Re:- An application for bail under section 439 of the Code of
Criminal Procedure filed on 11.09.2018 in connection with Katwa
Police Station Case No. 202/17 dated 04.05.2017 for alleged
offence punishable under Sections 498A/326/307/34 of the
Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act
subsequently adding Sections 302/304B of the Indian Penal Code.
Mohammad Ali Sk @ Mohammad Sekh @ Khato
Mr. Ankit Agarwal, Advocate
Mr. Subir Debnath, Advocate
Mr. Debajit Kundu, Advocate
.. for the petitioner
Mr. Saswata Gopal Mukherjee, Ld. P.P.
Ms. Amita Gaur, Advocate
..for the State
The petitioner seeks bail in connection with Katwa Police
Station Case No. 202/17 dated 04.05.2017 for alleged offence
punishable under Sections 498A/326/307/34 of the Indian Penal
Code and Sections 3/4 of the Dowry Prohibition Act subsequently
adding Sections 302/304B of the Indian Penal Code.
The petitioner claims that he has been falsely charged for the
death due to burn injuries of his wife of three years sometime in
The petitioner says that though the incident occurred on April
19, 2017 and the petitioner was shifted from the Katwa Sub
Divisional Hospital to Burdwan Medical College and Hospital on
April 20, 2017, no complaint was lodged prior to May 4, 2017 and
the petitioner was arrested on or about May 12, 2017. According to
the petitioner, there is a purported dying declaration made by the
victim on April 28, 2017, though the victim died on May 7, 2017. A
copy of the relevant document is produced by the State from the
case diary. It is intriguing that a doctor who records the statement
on April 28, 2017, when the patient is critically ill but yet alive,
would intitule the document as a dying declaration. The State also
relies on another purported statement alleged to have been made
by the victim and recorded in the bed-head ticket.
Ordinarily, the recording in the bed-head ticket is on the side
of the document with the diagnosis or advice or the medicines
prescribed appearing therefrom. In this case the purported
statement of the victim is recorded on a page which does not
reflect any diagnosis or advice or prescription for the patient.
The charge-sheet has been filed and the State cannot
demonstrate that the petitioner has any adverse antecedents. The
petitioner claims that his minor daughter is about two years old
and is living with his parents.
Considering the material and the fact that the petitioner’s
further custodial interrogation may not be necessary, there does
not appear to be any impediment to enlarge the petitioner on bail,
subject to the conditions as indicated hereinafter.
Accordingly, the petitioner is directed to be released on bail on
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
Additional Chief Judicial Magistrate, Katwa, Burdwan, on further
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 court shall be at liberty to cancel his bail without
further reference to this Court.
The application for bail is, accordingly, allowed.
A certified copy of this order be immediately made available to
the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)