The court rejected the petitioner's bail application in a case involving assault resulting in death. Citing delay attributable to pandemic conditions, the court declined to examine continued detention and directed an expedited trial.
Prayer for bail under Section 439 CrPC rejected. Trial directed to proceed with utmost expedition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
10.12.2020 Sl. No.31 akd [Rejected]
C. R. M. 10176 of 2020 [via video conferencing]
In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Malda Police Station Case No. 130 of 2019 dated 09.03.2019 under Sections 448/341/304/34 of the Indian Penal Code. (G.R. Case No.912 of 2019)
And
In Re: Mantu Halder @ Haldar
… … Petitioner
Mr. Mrityunjoy Chatterjee .. Advocate
… … for the petitioner
Mr. Rana Mukherjee .. Advocate Mrs. Sujata Das .. Advocate
… … for the State
Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner that he is in custody for about 395 days.
Learned advocate appearing for the State opposes the prayer for bail and submits that the prayer for bail of the petitioner was rejected earlier in June, 2020.
Statements of witnesses show that the petitioner and another assaulted the victim resulting in his death. Delay in progress in the matter is attributable to prevailing pandemic condition. Accordingly, we are not inclined to examine the continued detention of the petitioner at present and his prayer for bail is rejected.
The application for bail is thus rejected .
Trial court is directed to proceed with the trial with utmost expedition.
(Suvra Ghosh, J.)
(Joymalya Bagchi, J.)
2
2 issues framed by the court
Whether the petitioner is entitled to bail after nearly 395 days in custody given the assault resulting in death of the victim.
Whether the prevailing pandemic conditions warrant a reconsideration of the earlier rejection of bail prayer.
2 provisions across 2 enactments
Mantu Halder @ Haldar
State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
