The Single Judge rejected the petitioner's bail application. The court noted the petitioner absconded since the 2016 incident and was apprehended in 2019, unlike co-accouts granted bail earlier. The trial was directed to be concluded by June 30, 2021.
Bail application rejected; direction to expedite trial to conclude by 30.06.2021.
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06.10.2020 Sl. 4 sp.
C.R.M. 7568 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 connection Kaliachak Police Station Case No. 697/16 dated 10.10.2016 under Sections 147/148/149/447/326/307/302 of the Indian Penal Code read with Sections 3/4 of the Explosive Substances Act, 1908.
And
In Re: Krishnaranjan Mandal @ Krishna Mandal ………..petitioner
Mr. Avinaba Patra, Mr. Dipayan Kundu Mr. Binay Panda, Ms. Puspita Saha
…for the petitioner
…for the State
The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within forty eight hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
This is an application for bail. Although, the incident took place on 10th October, 2016, charge sheet was submitted on 7th January, 2017 and three co-accused were granted bail on 10.09.2020. The case of the petitioner is different for the reason that according to learned advocate for the State he had been absconding since the incident took place and was apprehended only in 2019.
For these reasons, we have to reject the application for bail of the petitioner with a direction upon the learned court below to expedite the trial and conclude it preferably by 30th June, 2021. If the trial cannot be concluded by 30th June, 2021, the application for bail of the petitioner may be considered afresh.
CRM 7568 of 2020 and the interim application filed therein are disposed of.
(I.P. MUKERJI, J.)
(HIRANMAY BHATTACHARYYA, J.)
2
2 issues framed by the court
Whether bail should be granted to a petitioner who was absconding at the time of the incident.
Whether the trial should be expedited given the petitioner's status and prior bail grants to co-accused.
3 provisions across 3 enactments
Krishnaranjan Mandal
The State
I.P. Mukerji
Hiranmay Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
