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Under Sections 498A/306/34 Of The … vs In Re: Nirupada @ Niranjan Bagdi & … on 18 February, 2020

1

18.02.2020
Sl. No. 04

Court No.35
s.biswas
CRM 1807 of 2020

In Re: An application for bail under Section 439 of the Code of
Criminal Procedure filed on 14.02.2020 in connection with
Patrasayer Police Station Case No.32/2009 dated 23.06.2009
under Sections 498A/306/34 of the IPC.

AND

In re: Nirupada @ Niranjan Bagdi Anr.

… Petitioners

Ms. Sudipa Biswas
… … for the petitioners
Mr. Saswata Gopal Mukherjee, Ld. P.P.

Ms. Amita Gour
… … for the State

The petitioners sought to be released on bail on any condition

as they are in custody for about 35 days.

The petitioners were sentenced to suffer rigorous imprisonment

for 3 years under Section 498A of the IPC and to pay fine of

Rs.3,000/- each, in default, to suffer imprisonment for further period

of 3 months, although they were acquitted of the charge under

Section 306 of the IPC by the Assistant Sessions Judge, Bishnupur

by the judgment dated 19.04.2013, passed in S.C. No.17(9)/10.

They were allowed to prefer appeal and were admitted on bail. Order-

sheet shows almost routine order passed by the learned Appeal

Court. The case was transferred on 28.03.2016 to the Court of

Additional District Judge, 1st Court, Bankura. The direction was
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given to the petitioners/appellants to appear before the transferee

Court. The transferee Additional Sessions Judge fixed the date for

order in view of the resolution of local Bar for 3/4 occasions. Then

again the routine orders were passed by the learned Judge without

fixing the date for effective hearing of the appeal.

It is submitted on behalf of the petitioners/appellants that the

advocate on record Kanai Singh who was conducting the case had

died and under this impression the petitioners/appellants could not

take step. The case was also further adjourned due to resolution of

local Bar. The date was fixed for fresh step on 13.11.2019. On that

date none had taken any step. So, the learned Judge was of the view

that the appellants had misused the bail privilege and directed the

Trial Court to ensure the production of the appellants. By order

dated 14.01.2020 the appellants were produced and bail prayer was

made on their behalf. Though there was no objection on the part of

the learned Public Prosecutor in charge, the bail was rejected finding

no justified reason.

I find that the learned Judge has misdirected himself in

rejecting the bail application holding the appellants/petitioners

having misused the bail privilege as the date fixed was for fresh step

and without step being taken, he directed the Trial Court to ensure

production of the appellants instead of directing the sureties to

produce the appellants and without starting any Misc. Case under
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Section 446 Cr.P.C. against the sureties who had furnished bonds

undertaking to produce the accused on the dates of hearing before

any coercive measure is taken for securing production of the

accused/appellants.

Therefore, upon hearing the learned advocate appearing for the

petitioners and the State, the appellants/petitioners be allowed to

remain on the same bail with the direction upon the Additional

District Judge to dispose of the criminal appeal as expeditiously as

possible preferably within 6 months from the date of communication

of the order.

Thus, the application for bail being CRM 1807 of 2020 is,

accordingly, disposed of.

(Shivakant Prasad, J.)

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