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Judgments of Supreme Court of India and High Courts

Subsequently Adding Sections … vs In Re on 14 September, 2018

1

14.09.2018

Item no. 58
Ct. No.34
CHC
Allowed

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.

And
In Re:-

Mohammad Ali Sk @ Mohammad Sekh @ Khato
… Petitioner

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

April, 2017.

2

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.

3

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.)

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