Nirmal Mondal v. State of West Bengal
Case brief
What is this about?
The court in Re bail application rejected the petitioner's bail plea under Section 439 CrPC. Although acknowledging a five-year delay under trial, the court noted coordinate bench rejection for co-accused. It issued a directive for courts to expedite specific categories of pending criminal cases via video conferencing but rejected the bail application.
What did the court decide?
Bail application rejected; Direction issued to trial courts to expedite proceedings for specific pending categories via video conferencing.
What the court decided
02 10.09.2020 rkd Ct. No.08 &PA
C.R.M. 3284 of 2020 (IA No. 2 of 2020 (old CRAN 1640 of 2020) (Through Video Conference)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kalyani P.S. Case No. 534 of 2015 dated 22/08/2015 under Sections 25/27 of the Arms Act and under Sections 9B(II) of the Explosive Act and under Sections 3/4 of the E. S. Act.
And
In the matter of: - Nirmal Mondal
….petitioner. Mr. S. Mitter, Mr. L. Maitra
…for the petitioner.
Mr. N. Ahmed, Ms. A. Gaur
…for the State. Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.
Accordingly, the application being CRAN 1640 of 2020 is disposed of.
Issues for consideration
3 issues framed by the court
Whether the petitioner should be enlarged on bail considering the protracted delay in the trial and the directives regarding pandemic management.
Whether the directives issued by the apex court regarding trial timelines in sessions cases where accused is in custody for two years or more should be applied.
Whether the bail prayer should be rejected in view of the gravity of allegations and the precedent set by a coordinate bench against co-accused.
Parties & counsel
- petitioner
Nirmal Mondal
- respondent
State
Coram
Suvra Ghosh
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · September
- Registered
- Case no.
- CRM/3284/2020
Similar cases
Judgements on the same questions, provisions and authorities, from every court