REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2086 OF 2010

(Arising out of S.L.P. (Crl.) No.4590 of 2010)

PRASANTA KUMAR SARKAR

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APPELLANT (S)

VERSUS

ASHIS CHATTERJEE & ANR.

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RESPONDENT (S)

J U D G M E N T

D.K. JAIN, J.:

Leave granted.

2.

This appeal, by special leave, is directed against order dated 11^th

January, 2010 passed by the High Court of Calcutta in C.R.M. No. 272 of

2010, granting regular bail to respondent No. 1 in this appeal (hereinafter

referred to as “the accused"), under Section 439 of the Code of Criminal

Procedure, 1973 (for short “the Code”).

3.

The accused is facing trial for an offence punishable under Section

302 of the Indian Penal Code, 1860 (for short “IPC”) for allegedly

1

committing the murder of one Ms. Mallika Sen. Respondent No.2 is

the State of West Bengal.

4.

Very briefly stated the facts material for the adjudication of this

appeal can be stated thus:

Ms. Mallika Sen, a 57 years old widow was found strangulated at her

residence on 2^nd July, 2009. The appellant, who is the brother of the victim,

lodged a written complaint at the Rampurhat Police Station, on the basis of

which FIR