Application for bail dismissed. Court held that considering material, including the survivor's statement, bail is rejected. Pandemic-related delays do not justify indefensible pre-trial detention.
Prayer for bail rejected.
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10-11-2020 Subrata/Rajib item no. 9 rejected
IN THE HIGH COURT AT CALCUTTA Criminal Miscellaneous Jurisdiction
C.R.M. No.8729 of 2020 Bappaditya Chatterjee
-vs-
The State of West Bengal
In Re : Application under section 439 CrPC in connection with Special Case No.219 of 2019 arising out of Patuli P. S. Case No. 193 of 2019 dated October 19, 2019 under sections 6 of Protection of Children from Sexual Offences Act.
Mr. Mrityunjoy Chatterjee …for the petitioner
Mr. Z.N. Khan
Mr. M.F.A. Begg … 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 complains of being in custody for more than 400 days without any trial being conducted.
If the petitioner lives on the same planet which has been hit by the pandemic, the petitioner would have realised that the normal business has remained suspended across the globe for the best part of the year. It is unjustified to expect criminal trials to be conducted in the present atmosphere.
Considering the material against the petitioner, particularly the statement of the minor survivor, the prayer for bail is rejected.
CRM No.8729 of 2020 is disposed of.
[Arijit Banerjee, J] [Sanjib Banerjee, J]
2
2 issues framed by the court
Whether the petitioner, detained for over 400 days, should be granted bail having regard to the delay in trial.
Whether the invocation of pandemic circumstances excuses the delay in conducting criminal trials.
2 provisions across 2 enactments
Bappaditya Chatterjee
The State of West Bengal
Arijit Banerjee
Sanjib Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
