Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 34, 201, 302, 325, 498A
Key paragraphs
- Para 11. It is submitted on behalf of the petitioner that he is in custody for more than five years. It is further submitted there is slow progress in trial. Accordingly, he renews his prayer for bail.
Judgment
Signed By : ARUP KUMAR DAS High Court of Calcutta 4 th of April 2024 10:43:42 AM C. R. M. (DB) 873 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.03.2024 in connection with Sankrail Police Station Case No.743 of 2017 dated 24.09.2017 under Sections 498A/325/201/34 of the Indian Penal Code and subsequently charge sheet submitted under Sections 498A/302/201/34 of the Indian Penal Code. (G.R. Case No.5635 of 2017) And In Re: Subhojit Hazra @ Kartick Hazra @ Subhajit … … Petitioner Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose Mr. Suman De … … for the petitioner … … for the State
It is submitted on behalf of the petitioner that he is in custody for more than five years. It is further submitted there is slow progress in trial. Accordingly, he renews his prayer for bail.
Report is placed on record.
Learned Advocate for the State opposes the prayer for bail and submits bail prayer of the petitioner was rejected earlier on merits. Thirteen witnesses have been examined till date.
We have considered the materials on record. Petitioner is the husband of deceased housewife. Deceased went missing from her matrimonial home. Thereafter her dead body was recovered. Petitioner also absconded about the same time. There are other incriminating circumstances involving the petitioner in the murder. Offences, if proved, would attract mandatory life imprisonment. Trial has progressed and prosecution assures this court that trial shall be concluded within one year subject to cooperation by the defence and 2 other systemic reasons. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.
The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 4 th of April 2024 10:43:42 AM
Precedent status how later indexed judgments have treated this case
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