Bail application rejected. Court noted strong implication against petitioner via dying declaration and minor son’s evidence. Trial to conclude within one year. Future bail liberty contingent on trial delay.
Prayer for bail rejected; trial directed to conclude within one year; future bail liberty granted if delay occurs.
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22.09.2023. 28. Ct.No.28 as
(Rejected) C.R.M. (DB) 3228 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Malipanchghora P.S. Case No.175 of 2016 dated 09.07.2016 under Sections 498A/302/304B/506/34 of the Indian Penal.
In the matter of : Nitesh Jaiswal @ Netesh Jaiswal . … Petitioner. Mr. Pawan Kr. Guta, Ms. Sofia Nesar, Mr. Santanu Sett. …for the Petitioner. Mr. Binay Panda, Mr. Subham Bhakat. ...for the State. Mr. Sourav Chatterjee, Ms. Suchitra Chatterjee. …for the de-facto complainant.
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due to burn injuries. He also submitted that the door of the room was locked from inside.
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(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
3 issues framed by the court
Whether the petitioner is entitled to bail in a murder case involving a dying declaration implicating him.
Whether the defence plea regarding the locked room and tutoring of the minor son affects the bail application.
Whether the petitioner can seek bail later if the trial does not conclude within one year.
2 provisions across 2 enactments
Nitesh Jaiswal
The State
De-facto Complainant
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
