LAWS(CAL)-2000-1-74

MAYA RANI GUIN Vs. STATE OF WEST BENGAL

Decided On January 28, 2000
MAYA RANI GUIN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Petitioners are apprehending arrest on an accusation of having committed some non-bailable offences under Sections 498A/307/323 Indian Penal Code in connection with Nanoor P.S. Case No. 44/99. Petitioners obtained following order under Sec. 438 Code Criminal Procedure from a Division Bench of this Court on 16.9.99:-

(2.) Soon after that petitioners surrendered before S.D.J.M. Bolpur on 1.10.99 with a prayer for bail. S.D.J.M. by his order dated 1.10.99 rejected the said prayer for bail. They were, however, not taken into custody and were given 15 days time to obtain necessary order of bail from the "upper forum." Operative part of the said order reads as under:-

(3.) Petitioners have approached this Court in this application under Sec. 439 Code Criminal Procedure for regular bail though they are not in custody. This is an application under Sec. 439 Criminal Procedure Code.