The court kept the petitioner in custody and denied bail in a murder case, noting the prima facie involvement, gravity of the offence, and the need for examination of a vulnerable witness before granting release.
Bail prayer dismissed; petitioner kept in custody.
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14.12.2020 9 b.das
CRM 1367 of 2020
(Via Video Conference)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baduria P.S. Case No.331 of 2018 dated 06.08.2018 under Sections 302 of the Indian Penal Code and charge sheet submitted under Sections 302/201/120B of the Indian Penal Code.
And
In the matter of: Sukanta Biswas
….Petitioner.
Mr. Ayan Basu Mr. P. Kr. Das Mr. S. Routh
…for the Petitioner.
Mr. N. Ahmed Md. Kutubuddin Ms. A. Gaur
…for the State.
Investigating officer is present in Court. His presence is noted and dispensed with.
Learned lawyer for the State opposes the prayer for bail and submits that allegations against the petitioner are grave. Trial is about to commence.
Having considered the materials on record and in view of the prima facie involvement of the petitioner in the alleged crime, gravity of the offence and as examination of the vulnerable witness is awaited, we are not inclined to grant bail to the petitioner at this stage.
( Suvra Ghosh, J. ) ( Joymalya Bagchi, J. )
1 issue framed by the court
Whether bail should be granted to the petitioner in a murder case where trial is about to commence.
2 provisions across 2 enactments
Sukanta Biswas
The State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
