Giyas Sk and Anr. Vs the State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2025)

Giyas Sk and Anr. Vs the State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Both petitioners released on bail upon furnishing bond of Rs.10,000/- each with two sureties of like amount each (one local), to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar, subject to conditions: residence outside Dhubulia Police Station jurisdiction, furnishing present address to the trial Court, Investigating Officer and concerned Officer-in-Charge, appearance before the trial Court on every hearing date, and no intimidation of witnesses or tampering with evidence; application disposed of.

Issue for consideration

Whether the petitioners, in custody for more than four years with the trial progressing slowly (only thirteen of thirty-five proposed witnesses examined), should be released on bail on the ground of prolonged incarceration and delay in trial, considered solely on the touchstone of Article 21 of the Constitution of India without going into the merits of the case.

Court's answer

Considering the period of incarceration of the petitioners, this Court is inclined to release the petitioners on bail solely on the touchstone of Article 21 of the Constitution of India, without going into the merits of the case.

Ratio / Principle

Prayer for bail of the petitioners is allowed; they are to be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each (one of whom must be local), to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar, subject to conditions including remaining outside the jurisdiction of Dhubulia Police Station, furnishing their present address to the trial Court, Investigating Officer and concerned Officer-in-Charge, appearing before the trial Court on every date of hearing, and not intimidating witnesses or tampering with evidence.

Key takeaways

If the petitioners fail to comply with the bail conditions without justifiable cause, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.ratio¶16

Detailed headnote1 paragraphs

Bail granted solely on the touchstone of Article 21 of the Constitution of India, without going into the merits, on grounds of prolonged incarceration and delay in trial: petitioners Giyas Sk. and Sentu Saha @ Sentu Shah, in custody for more than four years in connection with Dhubulia Police Station Case No. 270 of 2020 dated 23.10.2020 (Sections 302/34 IPC; Sections 25/27 Arms Act), sought bail under Section 439 CrPC read with Section 483 BNSS 2023; only thirteen of thirty-five proposed witnesses examined, completion of trial at an early date bleak. Released upon bond of Rs.10,000/- each with two sureties of like amount each (one local), to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar, conditioned on remaining outside Dhubulia Police Station jurisdiction, furnishing present address to the trial Court, Investigating Officer and Officer-in-Charge, attending every hearing date, and not intimidating witnesses or tampering with evidence; non-compliance without justifiable cause permits the trial Court to cancel bail without further reference. Case Diary ordered returned.

06.05.2025 Item No.20 Ct.No.34 rc. Allowed

C.R.M. (DB) 749 of 2025

In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dhubulia Police Station Case No. 270 of 2020 dated 23.10.2020 under Sections 302/34 of the Indian Penal Code and Sections 25/27 of the Arms Act.

And In Re : (1) Giyas Sk. (2) Sentu Saha @ Sentu Shah

... Petitioners

Mr. Sumanta Das Mr. Suman Biswas ... for the Petitioners Mr. Partha Pratim Das Mr. Asraf Mandal ... For the State

On the prayer of the petitioners liberty is granted to correct the cause title of the application.

Report submitted by the State is taken on record.

Heard learned counsels for the parties.

The petitioners are in custody for more than four years and pray for bail primarily on the ground of their prolonged incarceration as well as delay in trial.

The prosecution proposes to examine thirty-five witnesses out of whom only thirteen witnesses have been examined so far. Chances of completion of trial at an early date is bleak.

2

Considering the period of incarceration of the petitioners, this Court is inclined to release the petitioners on bail solely on the touchstone of Article 21 of the Constitution of India without going into the merits of the case.

Accordingly, prayer for bail of the petitioners is allowed.

The petitioners Giyas Sk and Sentu Saha @ Sentu Shah be released on bail upon furnishing bond of Rs.10,000/(Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar subject to condition that they shall remain outside the jurisdiction of Dhubulia Police Station and shall furnish the address where they shall presently reside before the learned trial Court, Investigating Officer and the Officerin-Charge of the concerned police station under whose jurisdiction they shall henceforth reside. The petitioners shall appear before the learned trial Court on every date of hearing. They shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to comply with any of the conditions as mentioned above without justifiable cause, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of.

3

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)