The Supreme Court rejected a bail application filed by Swapan Routh, who had been in custody for 460 days. The court declined to enlarge him on bail due to the grave nature of the offence involving manual strangulation.
Application for bail rejected; CRM 6304 of 2020 and CRAN 1 of 2020 disposed of.
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.
09.09.2020 Suman/ Mithun Sl. No.02 (Supp.)
Ct.No.11 CRM 6304 of 2020 with
CRAN 1 of 2020
(Via Video Conference)
In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973.
In the matter of : Swapan Routh … Petitioner.
Sandip Kumar Mondal, … for the petitioner Mr. Saibal Bapuli, PP-in-Charge, Mr. Swapan Banerjee, Ms.Sayanti Santra,
… for the State
Learned Advocate for the petitioner submits that the petitioner is in custody for 460 days and as the charge sheet has already been submitted there is no necessity of further detention of the petitioner in custody.
Mr. Banerjee, learned Advocate for the State opposes the prayer for bail and submits that the petitioner is the sole accused and the deceased met her end by way of manual strangulation as has been depicted in the post-mortem report.
We have taken into consideration the materials on record as also the manner in which the offence has been committed and nature and gravity of the offence we are not inclined to enlarge the petitioner on bail at this stage.
2
As such, the prayer for bail is rejected.
The application for bail being CRM 6304 of 2020 and CRAN
1 of 2020 are disposed of.
(Samapti Chatterjee, J)
(Tirthankar Ghosh, J)
1 issue framed by the court
Whether the petitioner, in custody for 460 days after submission of the charge sheet in a case involving manual strangulation, is entitled to bail.
1 provisions across 1 enactments
Swapan Routh
State
Samapti Chatterjee
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
