Nonigopal Bapari @ Pagla v. State of West Bengal
Case brief
What is this about?
This is an application for bail under Section 439 CrPC in a murder and arms case. The bail was rejected as the petitioner contributed to the delay in the trial and showed non-cooperation, despite the prosecution examining only one witness out of 28.
What did the court decide?
Prayer for bail under Section 439 CrPC was rejected.
What the court decided
02.03.2021
Item No.1 Ct.No.28 dc. Rejected
C.R.M. 1303 of 2020
(Via Video Conference)
In Re : An Application for bail under Section 439 of the Code of Criminal Procedure.
And In Re : Nonigopal Bapari @ Pagla ... Petitioner. Mr. Soubhik Mitra, Mr. Nazir Ahmed ... For the Petitioner. Mr. S. G. Mukherji, Ld. P.P., Mr. Neguive Ahmed, Mrs. Manasi Roy ... For the State.
The present application under Section 439 of the Code of Criminal Procedure has been preferred by the petitioner in connection with Jagaddal P.S. Case No. 472 of 2017 dated 09.05.2017 under Sections 302/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act, 1959.
Mr. Mitra, learned advocate appearing for the petitioner submits that the petitioner is in custody for more than three years and only one witness till date has been completely examined out of 28 witnesses. The learned advocate further submits that the petitioner is similarly situated with other co-accused persons who have been granted bail on 27.01.2020 in C.R.M. 938 of 2020. The
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learned advocate hands over the evidence of PW-1 and emphasises that the vital blow was inflicted on the deceased by another accused person and the present petitioner is simply an associate.
Issues for consideration
3 issues framed by the court
Whether the petitioner is fit to be released on bail given the delay in trial and his alleged non-cooperation.
Whether the petitioner should be granted bail under Section 439 CrPC in a murder case where the trial is delayed by the accused.
Whether the petitioner's liability as an associate in the crime warrants bail in a case with single witness examined out of 28.
Parties & counsel
- petitioner
Nonigopal Bapari @ Pagla
- respondent
State
Coram
Tirthankar Ghosh
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · March
- Registered
- Case no.
- CRM/1303/2020
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