Bail application under Section 439 CrPC/Section 483 BNSS in a Thakurpukur PS murder case. Petitioner in custody over five years with eight witnesses still to be examined. Court granted bail on Article 21 speedy-trial grounds without touching merits, with conditions.
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.
31 28-11-2024 (ct. no. 29) KOLE Allowed
CRM (DB) 2835 of 2024
In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Thakurpukur Police Station Case No. 233 of 2019 dated 23.10.2019 under Sections 302/34 of the Indian Penal Code. - A n d - In the matter of : Ashoke Roy @ Ashoke Ray .... Petitioner. Mr. Arindam Jana, Mr. Soumyajit Chatterjee, Mr. Partha Pratim Sinha, Mr. K. Ghosh, … For the Petitioner. Mr. Partha Pratim Das, Mr. A. Bhattacharyya,, … For the State.
Order dictated by Arijit Banerjee, J.:
Signed By : ABHIJIT KOLE High Court of Calcutta 28 th of November 2024 06:13:03 PM
2
condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not leave the jurisdiction of concerned Police Station and shall meet the officerin-charge of the concerned police station once in a fortnight until further orders.
( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )
Signed By : ABHIJIT KOLE High Court of Calcutta 28 th of November 2024 06:13:03 PM
1 issue framed by the court
Should an under-trial held for about five years one month in a murder case be granted bail solely on grounds of Article 21 speedy-trial and personal liberty rights, without touching merits?
3 provisions across 3 enactments
Ashoke Roy @ Ashoke Ray
State
Arijit Banerjee
Apurba Sinha Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
