On 15.11.2021, the Supreme Court rejected Nijam Sekh's application for anticipatory bail. Finding no firm basis to allow it due to the gravity of the offence where the victim died and the petitioner was prima facie involved in assaulting the victim with weapons.
Prayer for anticipatory bail stands rejected.
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.
15.11.2021 Sl. No.104 akd [Rejected]
C. R. M. 7194 of 2021 [via video conferencing]
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 01.11.2021 in connection with Khargram Police Station Case No. 144 of 2020 dated 13.05.2020 under Sections 427/341/447/286/307/448/506 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act. (G.R. Case No.652 of 2020)
And
In Re: Nijam Sekh
… … Petitioner
Sk. Jalaluddin
… … for the petitioner
Mr. Narayan Prasad Agarwala Mr. Pratick Bose
… … for the State
We have considered the materials on record. Statements of witnesses prima facie disclose the role of the petitioner along with other accused persons in assaulting the victim with weapons causing grievous injuries. As a result, the victim died. In view of the gravity of the offence and the prima facie involvement of the petitioner in the alleged crime, we are of the opinion that this is not a fit case to grant anticipatory bail to him.
Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.
(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the gravity of the offence involving death and alleged involvement with weapons.
Whether the prima facie evidence of assault causing death warrants granting anticipatory bail.
3 provisions across 3 enactments
Nijam Sekh
State
Bivas Pattanayak
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
