To address a bail petition under Section 439 CrPC where the trial was stalled by Bar resolutions. The court ordered the trial court to dispose of the matter expeditiously and refused bail citing no change in circumstances.
Bail application rejected; trial court directed to dispose of matter without hindrance by Bar resolutions.
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14.02.2022 Serial no.33 Aloke Ct. No. 29
CRM (DB) 89 of 2022
In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 05.01.2022 in connection with Dhantala Police Station Case No. 171 of 2015 dated 03.05.2015 under Sections 447/302 of the Indian Penal Code.
-AndIn the matter of : Tapu Mahanta @ Kalu … …Petitioner
Ms. Subhashree Patel, Advocate
Ms. Saini Das, Advocate
… … For the Petitioner
Ms. Neguives Ahmed, ld. APP
Ms. Trina Mitra, Advocate
… … For the State
Petition is taken up for consideration subsequent to the order dated January 28, 2022. The report as called for filed in Court be taken on record.
It appears from the report that the trial is fixed for the purpose of argument. There is an order dated April 13, 2021 where the learned Advocate for the petitioner refused to advance his argument. Thereafter it was the resolution of the Bar which prevented the disposal of the trial.
In such circumstances, learned Court in seisin of the trial is requested to dispose of the trial as expeditiously as possibly and be not hindered by any resolution of the Bar preventing judicial work or of any prayer for adjournment made on behalf of the petitioner in any manner whatsoever.
This order for disposal including the request to the learned Court with regard to the disposal of the matter is made at the instance of the petitioner.
Since there is no change in circumstances subsequent to the earlier order of rejection, we are not inclined to grant bail to the petitioner.
CRM (DB) 89 of 2022 is, thus, rejected.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether bail should be granted to the petitioner in connection with an under trial fixing order.
Whether the court should be hindered by Bar resolutions preventing the disposal of the trial.
2 provisions across 2 enactments
Tapu Mahanta @ Kalu
State of Assam
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
