Calcutta High Court (Appellete Side)
In Re:- Sushil Kumar Dutta vs Re: An Application For Bail Under ... on 22 March, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 21 22.3.2017
pd. C.R.M. No. 2294 of 2017 In re:- Sushil Kumar Dutta ... Petitioner.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 17.3.2017 in connection with English Bazar P.S. Case No.400/2016 dated 23.5.2016 under Sections 498A/302/34 of the Indian Penal Code.
Mr. Niladri Shekhar Ghosh, Mr. Kalidas Saha ... For the petitioner. Mr. S.G. Mukherjee, P.P., Mrs. Faria Hossain .... For the State.
Heard the learned Advocates appearing on behalf of the parties. Perused the Case Diary.
The petitioner is the husband, who is in custody for 287 days. According to the case of the prosecution, on being assaulted by the petitioner and the stepson, the victim housewife was killed.
The learned Counsel for the State in this regard draws our attention to the statements of the neighbouring people from the case diary.
Earlier, the petitioner's prayer for bail was once rejected by a Co-ordinate Bench of this Court on merit. 2 Now, considering the nature of the allegations and the materials collected in support of the same, in our opinion, this is not a fit case for bail.
Accordingly, the application for bail stands rejected. We have been informed that since the other co-accused are absconding, the case against the petitioner could not have been committed.
Accordingly, we direct the learned court below that if within coming two months, the police is not able to apprehend the other co- accused persons, then in that case, to immediately split up the case of the present petitioner from that of the absconding accused and thereafter to commit the case to the court of sessions by taking recourse to Section 299 of the Code of Criminal Procedure.
Office is directed to communicate this order to the court below at once.
(Ashim Kumar Roy, J.) (Malay Malay Banerjee, J.) 3