Calcutta High CourtCRM (A)/4420/2023allowed

Sk. Sabir Ali v. State Of West Bengal

2023-11-22Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 4420 of 2023 22.11.2023 SL. 35 Court No. 29 ss/SD (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Goghat Police Station Case No. 269 of 2023 dated 02.9.2023 under Sections 498A/302/34 IPC (corresponding to G.R. Case No. 1337 of 2023).

And In the matter of: Sk. Sabir Ali ....petitioner.

Mr. Niladri Shekher Ghosh Ms. Sompurna Chatterjee Mr. Sourav Mondal Ms. Labani Sikder ...for the petitioner.

Mr. Imran Ali Ms. Debjani Sahu ...for the State.

1. Heard learned Counsel for the parties.

2. Though a case under Section 498A/302/34 IPC has been started against the present petitioner being the brother-in-law of the victim deceased lady, it reveals from the post mortem report of the victim that the death was due to effect of ante mortem hanging and it is the version of the 10 years daughter of the deceased that her mother was mentally ill and on the relevant day, her mother expressed her intention to commit suicide. It is also fairly submitted at the bar that the nature of death of the deceased is suicidal.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that petitioner shall be released on bail in the event of his arrest by the Arresting Officer in the aforesaid

P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:

i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

ii) The petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

4. Within 21 days from today, petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

5. Accordingly, the prayer for anticipatory bail is allowed.

6. The application being CRM (A) 4420 of 2023 is disposed of.

7. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)