High Court dismissed bail application for two accused charged with offences under IPC and Arms Act. Court rejected bail due to identification parade evidence, ongoing trial, and criminal antecedents, directing expedited trial completion.
Bail application rejected; trial court directed to expedite trial and conclude at early date.
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19.12.2023 61 sdas rejected
C.R.M.(DB) No. 4374 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Magra Police Station Case No. 314 of 2021 dated 08.11.2021 under Sections 395/397/398 of the Indian Penal Code read with Sections 25/27 of the Arms Act.
And
In Re : Swagatam Roy @ Goutam & Anr. …. Petitioners
Mr. Palash Chandra Majhi
….for the petitioners
Mr. Swapan Banerji Mr. Bitasok Banerji …… for the State
2
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
3 issues framed by the court
Whether bail should be granted to petitioners who have been in custody for over two years alleging false implication.
Whether antecedents and pendency of trial justify refusal of bail in a cognizable offence involving multiple sections.
Whether the trial court should be directed to expedite the trial proceedings.
3 provisions across 3 enactments
Swagatam Roy @ Goutam & Anr.
State
Gaurang Kanth
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
