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Judgments of Supreme Court of India and High Courts

Sukumar Das & Anr vs Unknown on 18 March, 2019


37 18.3.19

C.R.M. 2514 of 2019

In re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on February 28, 2019 in connection with Raina Police
Station Case No. 204 of 2018 dated 04.11.2018 under Sections
498A/326/307/34 and added Sections 302/304B of the Indian Penal Code.


In the matter of: Sukumar Das Anr. …Petitioners.

Mr. Allen Felix … For the Petitioners

Mr. Partha Pratim Das … For the State

This is a case under Sections 498A/326/307/34 and added
Sections 302/304B of the Indian Penal Code.

The learned advocate for the petitioner submits that the
petitioner No.1 is the father-in-law and petitioner No. 1 is the mother-in-law
of the victim respectively. Both the petitioners, according to the learned
advocate, is in custody for 131 days. According to him, charge sheet has
already been submitted, therefore, further detention is unwarranted.

Learned advocate for the State opposes the prayer for bail and
submits that there are statements of the victim in close proximity of the
death, which implicates the petitioners.

We have perused the materials on record including the case
diary and the statements referred to by the learned advocate appearing for
the State. Considering the nature and gravity of the offence and the
materials in the case diary showing direct materials against the petitioner
No. 2, mother-in-law, we are not inclined to grant bail to the petitioner No.

2 (Jayanti Das) at this stage.

So far as the petitioner No. 1, father-in-law (Sukumar Das) is
concerned, we are inclined to enlarge him on bail.

Accordingly, we direct that the petitioner No. 1 (Sukumar Das)
shall be released on bail upon furnishing a bond of Rs.10,000/- with two
sureties of like amount each, one of whom must be local, subject to the
satisfaction of the learned Chief Judicial Magistrate, Burdwan and on
condition that during bail he shall not tamper with the evidence nor
intimidate the witnesses of the instant case.

In the event of violation of any such conditions, the learned
Court shall be at liberty to cancel the bail of the petitioner without any
further reference to this Court.

Accordingly, the application for bail is partly allowed.

C.R.M. 2514 of 2019 is, thus ,disposed of.

Urgent photostat copy of this order, if applied for, be given to
the parties upon compliance of all formalities.

(Md. Mumtaz Khan, J.)

(Tirthankar Ghosh, J.)

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