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Calcutta High CourtCRM/10136/2020rejected

Arsalim Sk @ Arsenim Sekh v. State Of West Bengal

2020-12-10Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

10.12.2020 b.das CRM 10136 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore P.S. Case No.834 of 2019 dated 13.07.2019 under Sections 498A/302/494/506/34 of the Indian Penal Code.

And In the matter of: Arsalim Sk. @ Arsenim Sekh ....Petitioner.

Mr. A. A. Alamgir ...for the Petitioner.

Mr. T. Kr. Ghosh Ms. Sima Biswas ...for the State.

It is submitted on behalf of the petitioner that he is in custody for 520 days. Incident occurred 15 years after marriage. Learned lawyer for the State opposes the prayer for bail and submits that the victim house wife died at her matrimonial home through manual strangulation.

Statements of witnesses as well as Post Mortem report establish that the victim house wife died homicidal death at her matrimonial home. No logical explanation is offered by the petitioner with regard to circumstances in which his wife suffered homicidal death. Under such circumstances and in view of the gravity of the offence, we are of the opinion that this is not a fit case to grant bail to the petitioner at this stage.

The trial court is directed to expedite the trial and conclude the same at an early date without giving any adjournments to either of the parties.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)