Murali Mohan Das v. State Of West Bengal

23. 09 . 2020 CRM 6816 of 2020 With CRAN 1 of 2020 (Via Video Conference) BP/BR Sl. 18 In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Katwa Police Station Case No. 487 of 2019 dated 26.09.2019 under Sections 498A/304B/302/34 of the Indian Penal Code.

In the matter of : Murali Mohan Das & Anr. .... petitioners Mr. Diptendu Banerjee ..for the petitioners.

Mr. Madhusudan Sur Mr. Dipankar Pramanick ..for the State.

Learned advocate for the petitioners submits that the present petitioners are the father-in-law and mother-inlaw of the deceased and they are aged and their further detention is unwarranted in view of the charge-sheet having already been filed in this case.

Learned advocate for the State opposes the prayer for bail and draws the attention of this court to the dying declaration of the deceased.

We have taken into account the materials which have been produced before us including the statement of the deceased under Section 32 of the Evidence Act.

Having considered the same, we are of the opinion that the petitioners are not entitled to be released on bail. Accordingly, the prayer for bail is rejected. However, having considered the fact that the charge sheet has already been submitted and date is fixed for commitment in the month of December, 2020. We direct the learned trial court to complete the procedure under Section 207 of the Code of Criminal Procedure, if not already completed and commit the instant case to the Court of Sessions within a week from the date so fixed in the month of December, 2020.

With the aforesaid observation, the application for bail being C.R.M. 6816 of 2020 and C.R.A.N. 1 of 2020 are disposed of.

(Samapti Chatterjee, J. ) (Tirthankar Ghosh, J.)