Dismissed

Hakim Sk @ Abdul Hakim and Ors. v. State of West Bengal

Calcutta HC8 Jul 2021CRM/9626/2020

Case brief

AI extract

What is this about?

An application for bail under Section 439 CrPC was dismissed. The bench held that overt acts were attributed to the petitioners, they were not similarly situated to co-accused on bail, and the gravity of the offence precluded exercising discretion in their favour.

What did the court decide?

The prayer for bail under Section 439 CrPC is rejected; the application is dismissed.

Hakim Sk @ Abdul Hakim and Ors. Vs State of… — Murder and Culpable Homicide | Calcutta HC (2021)

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08.07.2021 tkm/ct 30 sl no. 11

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CRM 9626 of 2020 (Through video conference)

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In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Sagardighi P.S case no. 163 of 2018 dated 4.5.2018 under sections 341/325/326/307/34 of the IPC and added section 302 IPC

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And In Re : Hakim Sk @ Abdul Hakim & Ors. …… petitioners Mr. Sarwar Jahan ..... for the petitioners Mr. N Ahmed Mr. Anwar Hossain ..... for the State

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Mr. Jahan, learned advocate for the petitioners submits that the petitioners have been falsely implicated in the instant case. The petitioner no. 1 suffers from physical disability and cannot even walk without the assistance of crutches. Similarly situated coaccused persons have already been enlarged on bail by a coordinate Bench of this court. All the petitioners are presently in custody for more than two years. There is also no possibility towards early conclusion of the trial. Considering the present pandemic situation, the petitioners may be enlarged on bail on any stringent condition.

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Mr. Ahmed, learned advocate for the State submits that the petitioners are not similarly situated with the co-accused persons, who have been enlarged on bail by orders dated 4^th September 2020, 29^th September 2020 and 19^th November, 2020 passed in CRM 6266 of 2020, CRM 7188 of 2020 and CRM 8535 of 2020. One Ensan Sk. @ Insan Sk., whose extent of involvement in the alleged offence is similar to that of the petitioner, had been denied

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bail by an order dated 18^th March 2021 passed in CRM 844 of 2021. Let a copy of the said order, as produced, be kept on record. The report of the Senior Medical Officer regarding the health status of the petitioner no. 1, as produced, be kept on record.

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Opposing the petitioners’ prayer, Mr. Ahmed draws attention of this court to several documents in the case diary including the statements of eye witnesses, as recorded under section 164 Cr.P.C. and also submits that the delay towards conclusion of the trial which has occasioned is not attributable to the State. Furthermore, the said period stands intervened by a period lost due to the pandemic.

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We have heard the learned advocates appearing for the respective parties and considered the materials in the case diary.

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Upon perusal of the statements of the eye-witnesses, as recorded under section 164 Cr.P.C we find that overt acts have been attributed to the petitioners. They are also not similarly situated with the co-accused persons, who have been granted bail.

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Considering the gravity of the offence, the statements of eyewitnesses and the extent of involvement of the petitioners in the alleged offence, we are not inclined to exercise any discretion in their favour and as such their prayer for bail is rejected at this stage.

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Accordingly, application being CRM 9626 of 2020 is dismissed.

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(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)

Hakim Sk @ Abdul Hakim and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Hakim Sk @ Abdul Hakim and Ors. v. State of West Bengal

Case brief

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What did the court decide?

What the court decided

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