This court rejected an application for bail filed by the accused in a double murder case. Considering the gravity of the offence and prima facie materials, the petitioners were not granted bail.
Prayer for bail is rejected.
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.
09.10.2020 Item no. 6 Ct.11 FB/G. S. Das
C.R.M. No.7263 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 in connection with Domkol Police Station Case No. 608 dated August 20, 2019 under Sections 302/120B/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act (SR-254/19) with Domkol Police Station Case No. 384 dated June 16, 2019 under Sections 302/34 of the Indian Penal Code along with Sections 25/27 of the Arms Act and Sections 3 and 4 of the Explosive Substances Act read with Section 9(b) of the Explosives Substances Act (SR-173/19).
And
In the matter of:-
Nuhur Mondal @ Nuhurul Islam Mondal @ Nuhurul Mondal & Anr.
… Petitioners
Mr. Navanil De Mr. Rajeshwar Chakraborty
.. for the petitioners
Mr. Sabir Ahmed Mr. Ali Absan Alamgir Ms. Riya Das Ms. Rabia Khatoon ..for the Defacto-complainant Mr. Sudip Ghosh Mr. Apurba Kr. Datta .. for the State
The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing.
Heard Learned Counsel for the petitioners.
Heard Learned Counsel for the State.
2
Learned Counsel for the defacto-complainant is also present. The facts of this case relate to double murder and two consecutive FIRs connected to the offences.
Prima facie considering the materials on record, including the Case Diary, as well as the gravity of the offence, this Court is not persuaded to grant bail to the petitioners.
The prayer for bail stands accordingly rejected.
CRM 7263 of 2020 with CRAN 1 of 2020 are thus disposed of.
All parties shall act in terms of the copy of the order downloaded from the official website of this Court.
Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Shivakant Prasad, J.) (Subrata Talukdar, J.)
1 issue framed by the court
Whether bail should be granted in a double murder case involving offences under the IPC, Arms Act, and Explosive Substances Act.
5 provisions across 4 enactments
Nuhur Mondal @ Nuhurul Islam Mondal @ Nuhurul Mondal & Anr.
State
Shivakant Prasad
Subrata Talukdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
