The Single Bench Court dismissed the bail application filed by Mithun Biswas and others under Section 439 CrPC. The court observed that a prior bail application filed by the same petitioners had already been rejected, leading to the dismissal of the present one.
The bail application under Section 439 CrPC was dismissed.
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.
02.07.2021 Ct. No. 30 32 sdas
C.R.M. 1913 of 2020 (via video conference)
In Re.: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jamuria Police Station Case No. 189 of 2019 dated 20.05.2019 under Section 20(b)(ii)(c ) of the NDPS Act.
And
In Re : Mithun Biswas & Ors. ….. petitioners
Mr. Tapas Kumar Ghosh Mr. Tanmoy Chowdhury … for the petitioners
Mr. Sanjoy Bardhan Mr. Nirupam Dhali …. for the State
Heard Mr. Ghosh, learned advocate appearing for the petitioners.
Mr. Bardhan, learned advocate appearing for the State submits that during pendency of the present application, the petitioners preferred another application being CRM 6419 of 2020 under Section 439 of the Code of Criminal Procedure, afresh and the said application was rejected by an order dated 14th September, 2020.
Let a copy of the said order as produced be kept on record.
Mr. Ghosh, learned advocate appearing for the petitioners does not dispute such fact.
2
In view thereof, the present application being CRM
1913 of 2020 is dismissed.
(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)
2 issues framed by the court
Whether the present bail application should be entertained given the pendency of another rejection order.
Whether the petitioners are entitled to bail under Section 439 CrPC in connection with the NDPS Act case.
2 provisions across 2 enactments
Mithun Biswas & Ors.
State
Suvra Ghosh
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
