Two discrete bail applications were rejected. In the first, custody was denied to a police officer accused of dacoity, with a direction for medical aid. In the second, bail was refused to a petitioner accused of monetary misappropriation who had absconded.
Medical assistance directed to be provided to the petitioner.
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26.07.2021 Ct. No. 32 3 & 4 sdas rejected
C.R.M. 2974 of 2021
with CRM 2889 of 2020 (Via Video Conference)
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Muchipara Police Station Case No. 126 dated 04.07.2019 under Sections 120B/170/365/395 of the Indian Penal Code.
And
In Re : Utpal Kumar Kar ….. petitioner
Mr. Sekhar Kumar Basu Ms. Devipriya Mitra … for the petitioner
Mr. Neguive Ahmed, learned A.P.P. Mr. Anwar Hossain Ms. Trina Mitra
… for the State
The petitioner is one of the seven accused persons. The charge is one of dacoity.
Mr. Basu, learned senior Counsel appearing for the petitioner submits that the petitioner is in custody for about 2 years. He is suffering from several ailments which require continuous medical attention. It is also submitted that there are 52 witnesses and the trial has not yet begun. It will take a long time to conclude the trial.
The prosecution has produced the case diary. It is submitted by learned Additional Public Prosecutor appearing for the State that the petitioner was identified in the T.I. parade.
2
We have gone through the material in the case diary and also the statements of various persons under Section 164 of the Code of Criminal Procedure.
The petitioner is a police personnel who is alleged to have committed the crime while on leave. We are of the view that the members of the police force are to be dealt with very strictly in so far as allegations of commission of criminal offence by them are concerned. We are not inclined to allow this application at this stage.
We also note that on 8 April, 2020, a Co-ordinate Bench declined the prayer for interim bail and directed the application for bail being CRM 2889 of 2020 to be posted at a subsequent stage.
Both the bail applications are accordingly rejected.
We however direct the Authorities of the concerned Correctional Home to provide all necessary medical assistance that the petitioner may require.
Further, we request the learned trial court to conduct the trial and conclude the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Arijit Banerjee, J.)
3
C.R.M. 192 of 2018
In Re.: An application under Section 439 of the Code of Criminal Procedure filed on 05.01.2018 in connection with Karimpur Police Station Case No. 136 of 2012 dated 03.07.2012 under Sections 420/467/468/471/120B of the Indian Penal Code.
And
In Re : Rabish Kumar Upadhyay ….. petitioner
Mr. Asraf Ali … for the petitioner
Mr. Debojyoti Deb … for the State
Having considered the materials on record prima facie disclosing involvement of the petitioner in the alleged crime of misappropriation of monies of the innocent depositors and the fact that the petitioner has absconded for a protracted period of time, we are not inclined to grant bail to the petitioner at this stage.
The application for bail is, thus, rejected.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)
4
2 issues framed by the court
Whether bail should be granted to police personnel accused of dacoity who is in continued custody for two years.
Whether bail should be granted to a petitioner accused of financial crimes who has absconded for a protracted period.
1 provisions across 1 enactments
Anil Kumar Kar
State
Rabish Kumar Upadhyay
State
Suvra Ghosh
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
