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The Indian Penal Code. (G.R. Case … vs In Re: Smt. Saraswati Das on 25 September, 2023

25.09.2023
Sl. No.30
akd
[Rejected]
C. R. M. (DB) 3711 of 2023

In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 20.09.2023 in connection with Tamluk Police Station
Case No.554 of 2023 dated 24.05.2023 under Sections 498A/302/34 of
the Indian Penal Code. (G.R. Case No.1613 of 2023)

And

In Re: Smt. Saraswati Das
… … Petitioner

Mr. Suman De
… … for the petitioner

Mr. Saswata Gopal Mukherji .. ld. Public Prosecutor
Mr. Parthapratim Das
Mrs. Manasi Roy
… … for the State

1.

It is submitted on behalf of the petitioner that she is in custody for

over 100 days. It is further submitted petitioner is the mother-in-law

of the victim lady and has been falsely implicated. Co-accused have

been granted pre-arrest bail. Investigation is complete. Accordingly,

she prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and

submits minor daughter of the victim lady stated her father and the

petitioner had set her mother on fire. Minor has also suffered

injuries.

3. We have considered the materials on record. Minor child of the

victim lady stated her father i.e. husband of the victim lady and the

petitioner i.e. her grandmother set her mother on fire. It is contended

husband had suffered burn injuries. Such injury when read in the

light of the evidence of the minor may not support the defence plea.

It may have been caused after her husband set her on fire. In view

of the evidence of the minor child implicating the petitioner and the
2

husband of the victim lady and gravity of the offence, we are not

inclined to grant bail to the petitioner at this stage.

4. The application for bail is thus rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)

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