The High Court refused bail to a petitioner accused of murder, noting that prosecution evidence was closed and trial was nearly complete. The Court directed the trial court to conclude proceedings within six months without unnecessary adjournments.
Bail application rejected; ground direction given to trial court to conclude trial within six months.
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17.04.2023 Sl. No.29 akd [Rejected]
C. R. M. (DB) 388 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 24.01.2023 in connection with Bhabanipur Police Station Case No.146 of 2016 dated 04.06.2016 under Sections 120B/302/201/34 of the Indian Penal Code.
And
In Re: Smt. Sabitri Dolai
… … Petitioner
Mr. Suman De
… … for the petitioner
Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mrs. Sonali Das
… … for the State
Heard the learned Advocates appearing for both the parties.
We have considered the materials on record. There are materials connecting the petitioner with the murder. Trial is at its fagend. Prosecution evidence had already been closed. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.
The application for bail is thus rejected.
Trial court is directed to conduct the trial with utmost expedition and conclude the same at an early date positively within six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.
Parties shall communicate a copy of this order to the trial court for due compliance.
(Ajay Kumar Gupta, J.)
(Joymalya Bagchi, J.)
2
2 issues framed by the court
Whether bail should be granted to the petitioner at a stage where prosecution evidence is closed and trial is nearing conclusion.
Whether the trial court should expedite the conclusion of the trial within the stipulated timeframe.
2 provisions across 2 enactments
Smt. Sabitri Dolai
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
