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Under Sections 498A/328/302/34 … vs In Re: Momtaj Bibi on 20 June, 2018



Sl. No.43
C. R. M. 3968 of 2018

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
18.06.2018 in connection with Amdanga Police Station Case No. 341 dated 05.07.2017
under Sections 498A/328/302/34 of the Indian Penal Code.


In Re: Momtaj Bibi
… … Petitioner

Md. Younush Mondal .. Advocate
… … for the petitioner

Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Ms. Amita Gaur .. Advocate
… … for the State

The petitioner is seeking bail in connection with a case relating to offences

punishable under Sections 498A/328/302/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that she is in custody for about 12 days

and that the co-accused namely, Mirajul Haque @ Laltu has been enlarged on bail.

Learned advocate for the State produces the case diary and opposes the prayer

for bail.

We have considered the materials on record. We find that the petitioner had

absconded for a protracted period of time. Name of the petitioner transpires as one of the

accused who administered poison to the victim-housewife as per her dying declaration.

Charges have been framed and trial is about to commence. In view of the matured stage

of trial, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

Trial court is directed to conclude the trial as expeditiously as possible preferably

within six months from the date of communication of this order without granting

unnecessary adjournment to either of the parties.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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