The High Court rejected a bail application seeking renewal of prayer, denying relief based on the petitioner's past conduct of absconding twice, which outweighed the delay in trial.
Bail application rejected; CRM 7652 of 2020 and interim application 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.
November 03, 2020 srm/ARDR (Serial No. 5) Rejected
CRM 7652 of 2020 +
IA No. 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 Basirhat Police Station case no. 243 of 2013 dated 22/02/2013 under Sections 20(b)(ii) of the NDPS Act, 1985.
In Re : Md. Ajmir Ali Khan, Mr. Sumanta Chakraborty, Mr. Madhusudan Sur, Mr. Dipankar Pramanick,
… petitioner ..…for the petitioner .…for the State.
The petitioner undertakes to affirm and 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 seeks to renew the prayer for bail on the ground that the trial has not been completed within the time indicated by an order of August 1, 2019.
The petitioner’s past conduct has been extremely unscrupulous. The petitioner has absconded twice and warrant of arrest was issued before he was arrested in 2018.
Though the quantity of contraband recovered from the person of the petitioner may be regarded as intermediate, it does not appear that the petitioner is worthy of immediate relief in view of his past conduct. Further, the delay in completion of the trial may be attributed to the present pandemic and seems
2
to be beyond the control of the Courts and the prosecution. The prayer for bail is rejected.
CRM 7652 of 2020 and the interim application therein stand disposed of.
(Arijit Banerjee, J.)
(Sanjib Banerjee, J.)
1 issue framed by the court
Whether bail should be granted despite delay in trial completion.
2 provisions across 2 enactments
Md. Ajmir Ali Khan and Others
The State
Arijit Banerjee
Sanjib Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
