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Calcutta High CourtCRM/8959/2020rejected

Bidhan Halder @ Khokan And ANR. v. State Of West Bengal

2020-11-10Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Arijit Banerjee1 pages

November 10, 2020 srm/ARDR (Serial No. 79) Rejected CRM 8959 of 2020 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Thakurpukur Police Station case no. 20 of 2020 dated 23/01/2020 under Sections 302/307/326/324/34 of the Indian Penal Code.

In Re : Bidhan Halder @ Khokan & anr., ... petitioners Mr. Suman De, Mr. Francis Samson Correr, .....for the petitioners Mr. Rana Mukherjee, Mr. Sujata Das, ....for the State.

The petitioners' previous prayer was rejected in August this year and the petitioners seek to rely on a Supreme Court order of September 22, 2020 to renew the prayer. The Supreme Court order pertains to interim bail and parole being granted to under-trial prisoners during the pandemic. The order has no bearing on the instant case. It is submitted by the State that the interim bail granted to several under-trial prisoners has now been cancelled. As far as these petitioners are concerned, it is submitted that there is no ground for the petitioners to be let out immediately, particularly in the light of the rejection of the same request in August last.

Since there is no change in the circumstances subsequent to the last refusal of the petitioners' prayer, the present prayer for bail is declined.

CRM 8959 of 2020 is dismissed.

(Arijit Banerjee, J.) (Sanjib Banerjee, J.)