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2020 DIGILAW 411 (GAU)

Sabitabala Mandal v. State Of Assam

2020-03-19

MANISH CHOUDHURY

body2020
JUDGMENT 1. Heard Mr. P. A. Ahmed, learned counsel for the accused-petitioner and Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State of Assam. 2. By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC) the accused-petitioner namely, Mrs. Sabitabala Mandal has prayed for pre-arrest bail, apprehending her arrest, in connection with Golakganj Police Station Case No. 924/2019, registered under Sections 120B/417/365/307, Indian Penal Code added Section 302, Indian Penal Code. 3. The case diary as called for has been received by the learned Additional Public Prosecutor. 4. In the FIR lodged by the brother of the deceased on 14.08.2019, 4 (four) persons including the present accused-petitioner, have been named as accused. It is alleged that accused persons assaulted his deceased sister and it was suspected that they had burnt his sister i.e. the deceased. In the case diary so produced, the dying declaration of the deceased recorded by the doctor is available. In the said dying declaration, the deceased had implicated the present accused-petitioner to have assisted in the act of burning. 5. In view of such incriminating materials found available against the accused-petitioner, I do not find this to be a fit case to extend the privilege of pre-arrest bail under Section 438, CrPC to the petitioner. 6. Accordingly, this application for pre-arrest bail stands rejected. Return the case diary.