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Calcutta High CourtCRM (DB)/110/2023rejected

Surojit Kumar Ghosh v. State Of West Bengal

2023-01-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

13.01.2023.

34.

Ct.No.28 as (Rejected) C.R.M. (DB) 110 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pursurah P.S. Case No.161 of 2022 dated 20.09.2022 under Sections 302/201 of the Indian Penal Code.

In the matter of : Surojit Kumar Ghosh.

... Petitioner.

Mr. K. J. Tewari, Mr. M. K. Das.

...for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P., Mr. Manoranjan Mahata.

...for the State.

Petitioner is in custody for 140 days. It is submitted there is inordinate delay in lodging FIR. Victim committed suicide. Petitioner made efforts to treat the victim but to no success. He prays for bail.

Learned Advocate for the State opposes the prayer for bail. He refers to the post mortem report which shows the death is homicidal.

We have considered the materials on record. Post mortem report shows that the death is homicidal. Marks of injury are noted on the head of the deceased. Statement of the child of the couple indicates assault on the deceased in the night of the incident. After murder, victim appears to have been hanged to give an impression of suicidal death.

In view of the aforesaid materials and gravity of offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)