Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Sanjay Prasad & Ors. - on 21 November, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
8. 21-11-11
CRM No. 9440 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 20.09.2011 in connection with Banarhat P.S. Case No. 158/2011 dated 14.06.2011 under Sections 498A/302/34 of the Indian Penal Code.
And In the matter of : Sanjay Prasad & Ors. - petitioners Mr. Tapas Kr. Bhattacharya ... for the petitioners Mr. Binoy Kr. Panda ... for the State Heard the learned counsel appearing on behalf of the parties. Perused the case diary.
The petitioners are seeking bail in connection with a case relating to the offences punishable under Sections 498A/302/34 of the Indian Penal Code, registered vide, Banarhat P.S. Case No. 158/2011.
It is submitted that the petitioners are happened to be the husband, father-in-law and mother-in-law. They are in custody for 161 days and as the charge-sheet has been submitted, their custody may not be required for the purpose of investigation.
On the otherhand, the learned Counsel for the State opposed the prayer for bail and submitted that this is a case of suicide and also submitted that the victim had two children and their statements have been recorded. He further submitted those statements have been recorded in Hindi and thus, he produced Bengali translated copy of such statement.
We have gone through the same and considering those statements, we are of the opinion, although the prayer for bail of the petitioner no. 2 can be considered favourably but so far as the petitioner nos. 1 & 3 are concerned, they do not 2 deserve bail. Accordingly, the prayer for bail of the petitioner nos. 1 & 3 stands rejected.
Let the petitioner no. 2, Kumar Prasad @ Krishna Prasad be released on bail upon furnishing P.R. Bond of Rs. 5,000/- with one surety of equal amount to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri and on further condition that he shall not tamper with the prosecution case and shall not commit any offence while on bail.
Last but not the least we are informed by the learned Counsel for the State that the original case diary of this case is somehow or other is found to be missing and necessary direction be passed for reconstruction of the same.
The prosecution shall have the liberty to take necessary steps in this regard in accordance with law.
The application for bail is, thus, disposed of. Let a photostat plain copy of this order duly countersigned by the Assistant Registrar (Court), be given to the learned Counsel for the parties on usual undertaking.
(Ashim Kumar Roy, J.) (Shukla Kabir (Sinha), J.)