Tukan Saha On Behalf Of Accd. Amar Saha v. The State Of Tripura

Case No :BA 0000101/2015 Party Name : TUKAN SAHA ON BEHALF OF ACCD. AMAR SAHA Vs THE STATE OF TRIPURA HONBLE THE CHIEF JUSTICE DEEPAK GUPTA This is an application for grant of bail filed by the petitioner Sri Tukan Saha on behalf of the accused Amar Saha in connection with Ranir Bazar P.S. case No.2015 RNB 25 registered on 20.6.2015 against the accused under Sections 498(A)/302/34 of the Indian Penal Code (IPC).

The case against the petitioner is that he cruelly treated his wife and also committed her murder.

I have gone through the postmortem report which shows that the deceased victim died due to hanging. The hanging may be suicidal or homicidal. It is not for this Court to decide at the stage of grant of bail whether the hanging is suicidal or homicidal, but the offence with which the accused is charged is serious in nature. In Tripura, the Code of Criminal Procedure (Cr.P.C.) has been amended and by the impugned amendment, after section 439 section 439A has been added which reads as follows:- "439A.Power to grant bail.

(iii) that the Court including the High Court or the Court of Session, for reasons to be recorded in writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail."

At this stage, it cannot be said that no offence under Section 302 of IPC is made out against the accused. Therefore, he is not entitled to grant bail. Accordingly, the bail application is rejected. The petitioner may file petition for grant of bail after the viscera report is received. The police is directed to ensure that viscera reports are received within 30(thirty) days from today.

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