Narinder S Chadha & Ors. v. Municipal Corporation of Greater Mumbai & Ors.
Hazikul Sk. & Ors vs State of WB
2
1 361 3.04.2015 sm CRM No.3626 of 2015 In the matter of an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06.04.2015 in connection with Hariharpara P.S.Case No.398 of 2014 dated 04.12.2014 under sections 498A/308 of the Indian Penal Code. And . In Re:- Hazikul Sk. & Ors. .. … Petitioners. Mr.Soumyajit Das Mahapatra .. for the Petitioners. Mr.Pratick Basu .. for the State. The petitioners, apprehending arrest in connection with Hariharpara P.S.Case No.398 of 2014 dated 04.12.2014 under sections 498A/308 of the Indian Penal Code, have approached this Court for anticipatory bail. Heard the learned advocates appearing on behalf of the parties. The petitioner no.1 is the husband and the rests are his relations. At the very outset, the learned counsel for the State submits that the victim has already succumbed to her injuries. Such fact has not been disputed by the learned counsel for the petitioners. Now, going through the case diary, more particularly through the treatment sheet (at page 21 of the case diary), we find that she disclosed to her attending doctor that she herself set her on fire. Going through the statements of the witnesses, who were with her soon before the incident, which are at pages 7, 8, 9 and 10 of the case diary, we find that she set her on fire followed a quarrel with her husband over phone.
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Transcript of Hazikul Sk. & Ors vs State of WB
1
361 3.04.2015 sm
CRM No.3626 of 2015 In the matter of an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06.04.2015 in connection with Hariharpara P.S.Case No.398 of 2014 dated 04.12.2014 under sections 498A/308 of the Indian Penal Code. And . In Re:- Hazikul Sk. & Ors. .. … Petitioners. Mr.Soumyajit Das Mahapatra .. for the Petitioners. Mr.Pratick Basu .. for the State.
The petitioners, apprehending arrest in connection with Hariharpara
P.S.Case No.398 of 2014 dated 04.12.2014 under sections 498A/308 of the Indian
Penal Code, have approached this Court for anticipatory bail.
Heard the learned advocates appearing on behalf of the parties.
The petitioner no.1 is the husband and the rests are his relations.
At the very outset, the learned counsel for the State submits that the victim
has already succumbed to her injuries. Such fact has not been disputed by the
learned counsel for the petitioners.
Now, going through the case diary, more particularly through the treatment
sheet (at page 21 of the case diary), we find that she disclosed to her attending
doctor that she herself set her on fire.
Going through the statements of the witnesses, who were with her soon
before the incident, which are at pages 7, 8, 9 and 10 of the case diary, we find
that she set her on fire followed a quarrel with her husband over phone.
2
Considering the above facts and when no case is made out that the
petitioners’ custodial interrogation is necessary, the prayer for anticipatory bail of
the petitioners stands allowed.
In the event of arrest of the petitioners in connection with the aforesaid
case, they shall at once be released on bail to the satisfaction of the arresting
officer upon furnishing a Bond of Rs.5000/- each on condition that after release,
they shall surrender before the concerned court within four weeks thereafter.
This order is subject to the conditions as laid down in sub-section (2) of
Section 438 of the Code of Criminal Procedure.
The application for anticipatory bail is, thus, disposed of.
(Ashim Kumar Roy, J.)
(Malay Marut Banerjee, J.)
