The High Court granted bail to the petitioner in a matrimonial case involving sections 498A, 304B, and 34 IPC. Relying on complicity and a post-mortem report suggesting suicide, the court awarded release on a bond of Rs. 10,000 with two sureties.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
55 23.12.2020 ss Allowed
C.R.M. 10672 of 2020
(Through Video Conference)
In the matter of : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No. 169 of 2020 dated 25.02.2020 under sections 498A/304B/34 of the Indian Penal Code.
And
In the matter of : Sarmina Bewa @ Serbina Bewa
Mr. M.H. Chowdhury
… … for the petitioner
Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen
… … for the State
We have considered the materials on record. In view of the extent of complicity of the petitioner in the alleged crime and as the post-mortem report suggests a case of suicidal hanging, we are inclined to grant bail to the petitioner.
Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Malda subject to the condition that the petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to do so without justifiable cause, the trial Court shall be at liberty to cancel
2
his bail in accordance with law without further reference to this court.
The application for bail is, thus, allowed.
The parties shall act in terms of the copy of the order
downloaded from the official website of this court.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
3 issues framed by the court
Whether the petitioner is entitled to bail in a case under sections 498A/304B/34 IPC.
Whether suicide hanging suggests innocence sufficient for bail.
Whether to grant bail with two sureties.
2 provisions across 2 enactments
Sarmina Bewa
State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
