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Calcutta High CourtCRM (DB)/989/2024rejected

Jabbar Sk. @ Jabbar Ali v. State Of West Bengal

2024-04-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

10.04.2024 Sl. No.22 akd [Rejected] C. R. M. (DB) 989 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.03.2024 in connection with Lalgola Police Station Case No.361 of 2022 dated 15.10.2022 under Sections 498A/302/34 of the Indian Penal Code.

And In Re: Jabbar Sk. @ Jabbar Ali ... ... Petitioner Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder ... ... for the petitioner Mr. Debasish Roy .. ld. Public Prosecutor Ms. Rajnandini Das ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about one year and four months. It is further submitted petitioner has been falsely implicated. Accordingly, he prays for bail.

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

3. We have considered the materials on record. Father of the deceased (PW 1) stated that the relationship between the couple was good. But dead body of the victim-housewife was recovered 100-150 cubits away from the matrimonial home. Post-mortem doctor opined she had died due to strangulation. Petitioner was present at the place of occurrence. Trial is in progress and the circumstances leading to the homicidal death of the victim-housewife have not been explained by the petitioner. Offences, if proved, would attract mandatory life imprisonment. Under such circumstances, 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.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of April 2024 04:25:36 PM

Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of April 2024 04:25:36 PM