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Calcutta High CourtCRM/8930/2020rejected

Lalmohan Manna @ Nitai v. State Of West Bengal

2020-11-24Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Tirthankar Ghosh2 pages

24.11.2020 Sws M/G.S.Das Ct. No.11 CRM 8930 of 2020 (Via Video Conference) In Re : An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gobardhanpur Coastal Police Station Case No. 02/2020 dated 13.1.2020 under Sections 376(2)(l)/376D/506 of the Indian Penal Code, 1860 read with Section 34 of the Indian Penal Code, 1860.

And In the matter of : Lalmohan Manna @ Nitai ..... Petitioner Mr. Soumyajit Das Mahapatra Ms. Ananya Chakraborty Mr. Rajesh Naskar .... for the Petitioner Mr. Tanmoy Kr. Ghosh, Mr. Arindam Sen.

...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Learned Advocate for the petitioner submits that the petitioner is in custody for 276 days and as charge has already been filed and the case having been committed to the Learned Court of Sessions, further detention of the petitioner is not warranted. Mr. Ghosh, Learned Advocate for the State draws the attention of this Court to the Statement of the victim under Section 164 of the

Cr.P.C. The Medical Report further refers that the petitioner is deaf and dumb.

Having considered the materials on record as also the stage of the case and the nature and gravity of the offence, we are not inclined to release the petitioner on bail at this stage. Accordingly, the prayer for bail is Rejected. With these observations, CRM 8930 of 2020 is disposed of. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.) (Subrata Talukdar, J.)