Calcutta High Court (Appellete Side)
Sections 302/34 Of The Indian Penal Code vs In Re : Mafuz Sk on 2 February, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
02.02.2022 74 Ct. No. 29 KAUSHIK REJECTED C.R.M.(DB) 177 of 2022 (via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 570 of 2020 dated 30.08.2020 under Sections 302/34 of the Indian Penal Code.
And In Re : Mafuz Sk.
...... petitioner Mr. Khalid Hasan .....for the petitioner Mr. Neiguive Ahmed Ms. Ayantika Ray ....for the State Petitioner renews the prayer for bail. Learned advocate appearing for the petitioner submits that, the petitioner is in custody in excess for 515 days. He highlights the contents of the First Information Report and the Post Mortem Report.
Learned Additional Public Prosecutor appearing for the State draws the attention of the Court to the contents in the case diary. He also draws the attention of the Court to the statement under Section 161 of the Code of Criminal Procedure (Cr.P.C.) and the post mortem report.
Considering the gravity of the offence and the involvement of the petitioner therein prima facie appearing from the materials in the case diary, we are unable to grant bail to the 2 petitioner. Moreover, there is hardly any change in circumstances subsequent to the earlier order of rejection.
Accordingly, prayer for bail of the petitioner is rejected and the application being CRM (DB) 177 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)