The Court rejected the petitioners application for bail in a murder case cited ample material implicating them Bail is not inclined to be granted Trial court directed to frame charges and conclude proceedings without delay
Bail application rejected Trial court directed to frame charges and conclude proceedings without delay
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17.01.2023 Sl. No.16 akd [Rejected]
C. R. M. (DB) 157 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.01.2023 in connection with Kandi Police Station Case No.129 of 2022 dated 09.03.2022 under Sections 302/120B/34 of the Indian Penal Code.
And
In Re: Hafijul Sk. & Anr.
… … Petitioners
Mr. Sandipan Ganguly .. Sr. Advocate Mr. Manas Kumar Das
… … for the petitioners
Mr. Swapan Banerjee Mr. Suman De
… … for the State
Petitioners renew their prayer for bail. It is submitted on behalf
of the petitioners that they are in custody for about 312 days.
Learned Advocate for the State opposes the prayer for bail.
We have considered the materials on record. There are ample materials implicating the petitioners in the murder. Their bail prayer was rejected earlier on merits. Under such circumstances, we are not inclined to grant bail to the petitioners at this stage.
The application for bail is thus rejected .
Trial court is directed to consider the issue of framing of charge at the earliest and in the event charge is framed, to take the proceeding to its logical conclusion without unnecessary delay.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail should be granted to petitioners implicated in murder after earlier rejection on merits
Whether the trial court must frame charges and conclude proceedings without delay
2 provisions across 2 enactments
Hafijul Sk. & Anr.
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
