In bail application under CrPC Section 439 for murder, High Court refused bail citing gravity of offence and directed expeditious trial.
Bail application rejected; trial directed to be concluded within two weeks of charge framing.
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23.12.2020 52 Sdas rejected
C.R.M. 10667 of 2020
(via video conference)
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Barrackpore Police Station Case No. 137 of 2019 dated 22.09.2019 under Sections 302/201/34 of the Indian Penal Code.
And
In Re : Avishek Mukherjee @ Avi ….. petitioner
Mr. Husen Mustafi … for the petitioner
Mr. N. Ahmed, learned A.P.P. Ms. Amita Gaur
… for the State
Statements of the witnesses show that the petitioner
was drinking with the victim at night. On the next morning dead body of the victim was recovered with injuries. He had suffered homicidal death. Trial is in progress.
In view of gravity of the offence, we are not inclined to grant bail to the petitioner.
The application for bail is, thus, rejected.
Trial court is directed to take necessary steps to consider the issue of framing of charge at the earliest and in the event such charge is framed to conclude the trial as expeditiously as possible preferably within two weeks from the next date fixed before it and upon the charge being framed to take to its logical conclusion without granting any unnecessary adjournment to either of the parties.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether bail should be granted to the petitioner accused of murder.
2 provisions across 2 enactments
Avishek Mukherjee @ Avi
State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
