Naju Sk. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2025)

Naju Sk. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Sentence suspended; appellant/petitioner Naju Sk. released on bail on furnishing a bond of Rs.10,000 with two sureties of like amount each (one local) to the satisfaction of the Additional Sessions Judge, Fast Track Court, Siuri, Birbhum, subject to conditions of appearance at every substantive hearing and abstention from witness intimidation/evidence tampering, with liberty to the trial Court to cancel bail on default; CRAN 1 of 2025 disposed of.

Issue for consideration

Whether the appellant's sentence should be suspended and he released on bail pending hearing and disposal of his criminal appeal against conviction.

Court's answer

Considering that the appellant was on bail till trial, the nature of evidence led at the trial, and that the appeal is unlikely to be heard in the near future, the Court deemed it appropriate to suspend the sentence.

Ratio / Principle

Petitioner Naju Sk. is to 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 Additional Sessions Judge, Fast Track Court, Siuri, Birbhum.

Key takeaways

Condition of bail: the petitioner shall appear before the trial Court on each and every date of substantive hearing, subject to Section 317 CrPC, 1973 / Section 355 BNSS, 2023.ratio¶¶26
Condition of bail: the petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.ratio¶¶26
On failure to comply with the stipulated conditions, the trial Court is at liberty to cancel the bail in accordance with law without further reference to this Court.

Detailed headnote1 paragraphs

Calcutta High Court (Debangsu Basak and Md. Shabbar Rashidi, JJ.) suspends sentence and grants bail to Naju Sk., husband of the deceased victim, convicted under Sections 498A/302 IPC, 1860 read with Sections 3 & 4 of the Dowry Prohibition Act, 1961 (Md. Bazar P.S. Case No. 339/2018), pending disposal of CRA (DB) 167 of 2025. Conviction rests principally on a dying declaration whose veracity the appellant questions: the post-mortem doctor stated such burn injuries could be inflicted by accident, and the treating doctor who recorded the declaration opined that a patient with 90% burn injuries generally would not be in a position to speak. Since the appellant was on bail throughout the trial and the appeal is unlikely to be heard soon (Trial Court Records not yet received by the Department), the Court directed release on a bond of Rs.10,000 with two like sureties (one local) before the Additional Sessions Judge, Fast Track Court, Siuri, Birbhum, on conditions of appearance at every substantive hearing (S.317 CrPC, 1973 / S.355 BNSS, 2023) and abstention from intimidating witnesses or tampering with evidence, failing which the trial Court may cancel bail without further reference.

14. 23.07.2025. Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION

CRAN 1 of 2025 in CRA (DB) 167 of 2025

In Re: - An application for bail in connection with appeal under Section 389 of Cr.P.C., 1973 read with Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Md. Bazar Police Station Case No. 339/2018 dated 20.12.2018 under Sections 498A/302/34 of the IPC, 1860 & Sections 3 & 4 of the Dowry Prohibition Act, 1961.

And

In the matter of: - Naju Sk.

…appellant/petitioner.

Ms. Devi Priya Mitra.

…for the appellant/petitioner.

Ms. Amita Gaur, Sr. Adv., Ms. Suparna Chatterjee.

.....for the State.

In Re :- CRAN 1 of 2025.

Application for suspension of sentence is taken up for hearing.

Appellant is the husband of the victim. Appellant suffered a judgment of conviction of an order of sentence, inter alia , under Sections 498A/302 of the IPC, 1860 read with Sections 3 & 4 of the Dowry Prohibition Act, 1961.

Applicant was on bail at the time of the trial.

Appeal was admitted by an order dated May 21, 2025.

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Department by a report dated July 3, 2021 states that, Trial Court Records although called for is yet to be received by the Department.

Appeal is unlikely to be heard anytime soon since the TCRs are yet to be arrived.

Conviction appears to be based on a dying declaration made by the victim.

Victim suffered 90 per cent burn injury. Victim was taken to the hospital by the appellant before us. Post-mortem doctor in crossexamination stated that, the burn injuries suffered by the victim can be inflicted by way of an accident also. Dying declaration was recorded by the doctor treating the victim. Such doctor, in crossexamination, stated that, if any patient received 90 per cent burn injuries, then generally such patient would not be in a position to speak. He also stated that the victim suffered 90% burn injuries.

Veracity of the dying declaration is questioned on behalf of the appellant.

Considering the fact that the appellant was on bail till trial, the nature of evidence led at the trial and the fact that the appeal is unlikely to be heard in the near future, we deem it appropriate to suspend the sentence.

Accordingly, we direct that the petitioner, namely, Naju Sk. shall be released on bail upon furnishing a bond of Rs.10,000/(Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Sessions Judge, Fast Track Court, Siuri, Birbhum . The

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petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

Accordingly, CRAN 1 of 2025 is disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)