Daya Sindhu Guria vs Unknown
2021 Latest Caselaw 3735 Cal

13.7.2021 Sl. No.1 BR CRA 190 of 2020 With IA NO. CRAN 3 of 2021

(Via Video Conference)

In Re: An application under Section 389 of the Code of Criminal Procedure, 1973 in connection with ST Case No. 07(06) 2019, which arose out of Chandipur Police Station Case No. 35/18 dated 26.02.2018 under Sections 498A/324/307/34 of the Indian Penal Code.

And

In the matter of: Daya Sindhu Guria .......Appellant

Mr. Sourav Chatterjee, Mr. Prabir Maji, Mr. Soumya Nag ... for the Appellant

Mr. Bidyut Kumar Roy, Ms. Baisali Basu ... for the State

Having heard the learned advocates for the appellant/petitioner and the learned Public Prosecutor-in-Charge and on perusal of the entire materials on record including the impugned judgment it is ascertained that the accused /petitioner was convicted and sentenced to term imprisonment for offence punishable under Sections 498A/324/307 of the Indian Penal Code.

It is alleged that the accused tortured the victim by giving electric shock , however, the medical report does not suggest such injury. The First Information Report was filed about 42/43 days after the incident.

Considering the fact that the accused was subjected to term imprisonment and he was on bail at the time of trial, I am inclined to

release him on bail pending final disposal of the appeal. The accused/petitioner may find bail of Rs. 10,000/- (Ten thousand ) with two sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Tamluk, Purba Medinipur with further condition that if on bail he must meet the Officer-in-Charge of the local Police Station once in a month till the disposal of the appeal. If the appellant violates any of the above conditions of bail, this order of bail shall be cancelled without further reference to the Bench.

The application is, thus, disposed of.

( Bibek Chaudhuri , J. )