The court refused a bail application under Section 439 CrPC. It expressed dissatisfaction at the defence lawyer's sudden withdrawal during the trial, deeming it a calculated move to delay proceedings, and rejected the bail plea on the ground of such delay.
Prayer for bail of the petitioner is 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.
20.04.2023. 18. Ct.No.28 as (Rejected)
C.R.M. (DB) 1466 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhadreswar P. S. Case No.461 of 2014 dated 22.12.2014 under Section 302 of the Indian Penal Code and under Sections 25/27 of the Arms Act and charge sheet submitted under Section 302 of the Indian Penal Code.
In the matter of : Pintu Shaw @ Pintu Kumar Shaw. … Petitioner. Mr. Suman Chakraborty. …for the Petitioner. Mr. Neguive Ahmed, ld. A.P.P., Ms. Jonaki Saha. ...for the State.
Heard the learned Advocates for the parties.
Report is placed on record. From the report, it appears that in course of trial, the defence lawyer did not appear and withdrew himself from the case. Trial Judge was constrained to refer the matter to the Sub Divisional Legal Services Committee to provide legal assistance to the petitioner. Before us, petitioner is represented by a lawyer.
Under such circumstances, we are at a loss why the defence lawyer suddenly withdrew from the trial proceeding. This appears to be a calculated move to delay the trial. We do not appreciate such stance.
Under such circumstances, we are not inclined to grant bail to the petitioner on the ground of delay.
Accordingly, the prayer for bail of the petitioner is rejected.
(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail should be granted to the petitioner considering the withdrawal of the defence lawyer during the trial.
Whether the sudden withdrawal of the defence lawyer constitutes a valid ground for granting bail under Section 439 CrPC.
3 provisions across 3 enactments
Pintu Shaw @ Pintu Kumar Shaw
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
