Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re: Biplab Mondal on 14 November, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
11-11 C.R.M. No. 9639 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 5th August, 2011 in connection with Uluberia P.S. Case No. 182 of 2011 dated 23-02-2011 under Section 302 of the Indian Penal Code.
And
In re: Biplab Mondal. ... Petitioner
Mr. Jyotirmoy Adhikary,
Mr. Tirthankar Dhali. ... for the petitioner
Ms. Amita Gaur. ... for the State.
Heard learned Counsel appearing on behalf of the parties. Perused the case papers.
The petitioner is seeking bail in connection with a case relating to the offence punishable under Section 302 of the Indian Penal Code which has been registered vide Uluberia P.S. Case No. 182 of 2011.
It is the case of the prosecution that father conspires with one of his stepsons and pursuant to such conspiracy, he killed another stepson.
It is contended that although petitioner is in custody for 260 days, except submission of charge-sheet, there has been no progress in the trial.
On the other hand, learned Counsel for the State pointed out that due to the fact that the father is absconding, no step could have been taken for commitment. It is also pointed out that a few months back, petitioner's prayer for bail was rejected on merit.
Considering the rival submissions of the parties and perusing the materials available from the case diary, we are not inclined to consider the petitioner's prayer for bail and the same is rejected.
Since the petitioner is in custody for a petty long time, we direct the learned court to split up the case of the petitioner from that of the absconded accused and to proceed with the trial in terms of the provision of Section 299 of the Code of Criminal Procedure.
(Ashim Kumar Roy, J.) (Shukla Kabir (Sinha), J.)