The court refused the petition for bail under Section 439 CrPC. It held that the petitioner faced more material than a co-accused previously granted bail and noted that the trial had already commenced.
Prayer for bail refused. CRM 6362 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.
10.09.2020
ssd
CRM 6362 of 2020 CRAN 1 of 2020 (Via Video Conference)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kharagpur GRPS P.S. Case No.91 of 2016 dated 17.05.2016 under Sections 395/397/412/120B of the Indian Penal Code and under Sections 25(i)(a)/27/35 of the Arms Act.
And
In the matter of: Rahamatullah Laskar @ Rahamatulla Naskar @ Saheb.
….Petitioner.
Mr. Ramashis Mukherjee Ms. Moumita Das Ms. Zareen N. Khan Ms. Manisha Sharma
…for the Petitioner.
…for the State.
The petitioner undertakes to appropriately stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
The petitioner cites the order of August 25, 2020 passed on a petition filed by a co-accused to seek immediate release from detention. The petitioner claims to be in custody for more than four years and says that there is no likelihood of the trial being resumed in the near future.
On the basis of the case diary produced, it does not appear that the petitioner stands on the same footing as Aijul Gharami who was granted bail on August 25, 2020. Further, the trial has already
2
commenced. It is only present situation that has impeded the completion thereof.
Considering the material against the petitioner, the prayer for bail is refused.
CRM 6362 of 2020 and CRAN 1 of 2020 are disposed of.
(Sanjib Banerjee, J.)
(Aniruddha Roy, J.)
1 issue framed by the court
Whether bail should be granted to the petitioner facing charges under Sections 395, 397, 412, 120B IPC and relevant sections of the Arms Act.
3 provisions across 3 enactments
Rahamatullah Laskar
The State of West Bengal
Sanjib Banerjee
Aniruddha Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
