The High Court rejected the bail application filed by Atar Ali Sk. & Anr. under Section 439 CrPC in a murder and cheating case, citing engineer trial delay and the gravity of the charges.
Bail application rejected; petitioners ordered to be remanded to custody.
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.
18.08.2023 9 sdas rejected
C.R.M.(DB) No. 3177 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Monteswar Police Station Case No. 256 of 2019 dated 08.09.2019 under Sections 449/302/120B/34 of the Indian Penal Code.
And
In Re : Atar Ali Sk. & Anr. …. petitioners
Mr. Atanu Biswas
Mr. Bikram Basak ….for the petitioners
Mr. Neguive Ahamed, learned APP Ms. Trina Mitra …… for the State
1.Report filed in Court be kept on record.
2.Learned Counsel for the petitioners submits they are in
custody for more than three years. It is also submitted that there is delay in trial. They pray for bail.
3.Learned Counsel for the State opposes the prayer for
bail.
4.We have perused the report. It appears from the report that delay is engineered by the defence on the ground of deferment of cross-examination of the witnesses. In view of the aforesaid fact and gravity of the offence, we are not inclined to grant bail to the petitioners.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
3 issues framed by the court
Whether bail should be granted to the petitioners who have been in custody for more than three years despite alleged trial delays.
Whether the delay in trial, attributed by the defense to deferment of cross-examination, warrants bail.
Whether the gravity of the offence precludes the grant of bail.
1 provisions across 1 enactments
Atar Ali Sk. & Anr.
State
Gaurang Kanth
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
