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2016 DIGILAW 735 (GAU)

Kajol Chakraborty v. State of Assam & Anr.

2016-08-05

AJIT SINGH, N.CHAUDHURY

body2016
Ajit Singh; CJ.:-- Mr. BK Mahajan and Mr. NJ Das, learned counsel for the applicant. Ms. ShamimaJahan, learned Additional Public Prosecutor for the respondent. Heard on I.A. (Criminal) No. 85/2016, which is an application for bail and suspension of sentence on behalf of the applicant - KajolChakraborty. The appellant was married to Silpi on 5.3.2007 whereafter a girl child Piu was born to her. All of them lived together in a rented house. On 17.11.2008, sometime in the evening, fire broke out in the house of appellant. At that time, he was not at home. According to the evidence of Investigating Officer, door had to be broken with the help of public because it was bolted from inside. Thereafter, it was found that Silpi sustained extensive burn injuries and Piu was lying nearby. And inquest report was prepared by the Investigating Officer. Dr. Y.N.Singha (PW-7), who conducted the post mortem examination on the body of Silpi however found fracture of the corneal on the left side of hyoid. He, therefore, opined that cause of death of Silpi was asphyxia due to manual strangulation. As regards Piu, post mortem examination report suggests that she too died due to asphyxia as a result of suffocation. It is argued on behalf of appellant that aforesaid fracture was possiblycaused due to fall of ceiling or wooden blocks on the neck of Silpi, when the house was burning. It has also been argued that appellant was not in the house and the door was bolted from inside when the fire broke out. Lastly, it is submitted that appellant was on bail during the trial and there is no likelihood of the appeal being listed for final hearing in near future. On due consideration of the facts and circumstances of the case and also considering the fact that appellant was on bail during the trial, we deem it proper to direct that if applicant - KajolChakraborty furnishes a solvent surety in the sum of Rs. 40,000/- and executes a personal bond in the like amount to the satisfaction of the Sessions Judge, Cachar, Silchar, the execution of sentence passed against him shall remain suspended and he shall be released on bail. He shall now appear before the Session Judge, Cachar, Silchar on 1.12.2016 or on such dates, as may be directed by that court. The application is allowed.