Calcutta High Court · 2023
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 120B, 365, 376D, 387
- Immoral Traffic Prevention Act, 1956 s. 5(1)(d)
Judgment
Mr. Arunava Paul … for the Petitioner. …. Petitioner. Mr. Kallol Acharjee, Mr. Tapan Bhattacharjee … For the State. Heard learned Advocates appearing for the parties. This is an application for bail under Section 439 of the Cr. P.C.. Charge against the petitioner is under Sections 365/120B/376D/387 of the Indian Penal Code and Section 5(1) (d) of the Immoral Traffic Prevention Act, 1956. Learned Advocate representing the State vehemently opposes the prayer for bail of the petitioner. We have perused the records including the Case Diary and have been made aware of the present status of the trial that charge has already been framed and date of taking evidence has already been fixed on 17th November, 2023. It also appears from record that on earlier two occasions bail applications have been rejected by another co-ordinate Bench by the orders dated 3rd July, 2023 and 12th September, 2023. Considering the facts and circumstances of the case and in view of the facts recorded hereinabove, we are not inclined to grant any relief in this application. Accordingly, the application being CRM(DB) 636 of 2023, is rejected. However, learned Trial Court is requested to expedite the trial without granting unnecessary adjournment to the parties. (Partha Sarathi Chatterjee, J.) (Md. Nizamuddin, J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 120B, 365, 376D, 387; Immoral Traffic Prevention Act, 1956 — s. 5(1)(d).
Which court decided this case, and when?
Calcutta High Court, on 18 Jan 2023. The bench was PARTHA SARATHI CHATTERJEE, NIZAMUDDIN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.