The court dismissed a bail application for Section 439 CrPC in a murder case where the charge-sheet was already submitted. The court found no change in circumstances from the earlier rejection.
Prayer for bail is rejected; application CRM 6399 of 2021 is dismissed.
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27.09.2021 22 Ct. No 29 sdas rejected
C.R.M. 6399 of 2021
(via video conference)
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 183 of 2020 dated 21.02.2020 under Sections 448/342/302/506 of the Indian Penal Code.
And
In Re : Rakesh Biswas @ Chotka ….. petitioner
Md. G. N. Imrohi … for the petitioner
Ms. Anasuya Sinha Mr. Pinak Kumar Mitra
Petitioner renews prayer for bail.
Learned advocate appearing for the petitioner submits
that since police submitted charge-sheet and trial is in progress further detention of the petitioner is not required. Petitioner is in custody for more than 440 days.
Learned advocate appearing for the State draws attention of the Court to the order rejecting the prayer for bail on the previous occasion and also the fact that the charge-sheet was submitted on May 15, 2020. She submits that trial is in progress.
Considering the fact that the earlier prayer for bail was rejected on October 21, 2020 by which time charge-sheet was submitted, there is hardly any change in the circumstances warranting the Court to grant prayer for bail.
2
Accordingly, prayer for bail is rejected and the
application being CRM 6399 of 2021 is dismissed.
(Debangsu Basak, J.)
(Ananda Kumar Mukherjee, J.)
1 issue framed by the court
Whether bail should be granted after the submission of the charge-sheet when the earlier bail prayer was rejected.
1 provisions across 1 enactments
Rakesh Biswas @ Chotka
State
Debangsu Basak
Ananda Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
