In this bail application under Section 439 CrPC regarding a murder case, the High Court declined to grant bail. The Court noted that out of 22 prosecution witnesses, 14 had been examined and found no material change in circumstances since a previous rejection, citing the gravity of the offence.
Prayer for bail of the petitioners is rejected.
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22.04.2022 Serial no.83 [Dd] ( Bail Rejected)
CRM (DB) 353 of 2022
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Raipur Police Station Case No. 69 of 2015 dated 24.09.2015 under Sections 302 and 34 of the Indian Penal Code and Section 25 and 27 of the Arms Act and after filing charge sheet no. 95 of 2015 dated 08.12.2015 under Section 302/201/34 of the Indian Penal Code and Sections 25/27 of the Arms Act, 1959.
-And-
In the matter of : Sk Mantaj Ali & Ors. … …Petitioners
Mr. Samiran Mandal,
Mr. Nitish Samanta,
Mr. Abhinaba Dan, Advocates
… … For the Petitioners
Mr. Sudip Ghosh,
Mr. Apurba Kr. Datta, Advocates
… …For the State
Report as called for by the order dated March 23, 2022 filed in Court be taken on record. It appears that successive dates were fixed by the learned trial Court for the purpose of recording the evidence of the prosecution.
Out of 22 prosecution witnesses up to 14 were examined.
Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that there is hardly any material change in circumstances subsequent to the earlier order of rejection, we are not inclined to grant bail to the petitioners.
Prayer for bail of the petitioners is rejected .
2
The trial Court is requested to dispose of the trial as expeditiously as possible without granting any unnecessary adjournments to any of the parties.
CRM (DB) 353 of 2022 is disposed of .
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether bail should be granted to the petitioners given the gravity of the offence and the stage of the trial.
3 provisions across 3 enactments
Sk Mantaj Ali & Ors.
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
