The High Court considered a bail application under Sections 498A, 306, 308, and 302 IPC and Dowry Prohibition Act. Noting incriminating material including a dying declaration and prior bail rejection, the court dismissed the bail plea.
Application for bail (CRM 3298 of 2021) dismissed; trial court requested to expedite proceedings.
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41 16-09-2021 (ct. no.32) KOLE
CRM 3298 of 2021
In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 567 of 2018 dated 02.09.2018 under Sections 498A/306/308/302 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
In the matter of : Chhotu Saha
.... Petitioner.
Mr. R. K. Ray,
… For the Petitioner. Mr. S. G. Mukherji, Ld. PP Mr. F. Hossain,
Mr. A. Mitra,
… For the State.
The petitioner renews his prayer for bail which was rejected by a coordinate bench of this Court by an order dated August 25, 2020 passed in CRM 5618 of 2020.
We have seen the material in the case diary. There is a dying declaration of the victim which states that the petitioner put kerosene on the victim and set her on fire. This is corroborated by the statement of the five years old son of the victim and the petitioner and also by the medical report.
The petitioner says that he is in custody for 2 years 6 months and the trial has not yet started.
Considering the incriminating material on record and the nature and gravity of the alleged offence as well as keeping in view the earlier rejection of the petitioner’s prayer, we are not inclined to entertain this application for bail.
Accordingly, the application for bail being CRM 3298 of 2021 is dismissed.
2
Since the petitioner has been in custody for quite sometime, we request the learned trial court to expedite the consideration of charges and generally bring the trial to an early conclusion to the extent the business of the court may permit.
( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )
3 issues framed by the court
Whether bail should be granted in a case involving kerosene-setting on fire allegations with incriminating material on record.
Whether the petitioner's custody duration and prior bail rejection warrant entertaining the current application.
What direction can be issued to the trial court regarding expedition of the trial.
1 provisions across 1 enactments
Chhotu Saha
State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
