S Ganga Rao v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(DB)/6/2024 S. Ganga Rao Vs.

The State Mr. D.Ilango .... for the petitioner Ms. A.S.Zinu ... for the State June 20, 2024 [SR] Item No.2 Learned counsel for the petitioner submits that the offence alleged against the petitioner was at best committed at the heat of the moment. There was no pre-meditation behind it. Moreover, the petitioner has two minor daughters aged 11 and 14 years respectively and in order to take care of the daughters, the petitioner is required to be enlarged on bail. On query of Court, it is submitted that the daughters are at present under the care of the mother of the petitioner, who is about 60 years old.

Learned counsel for the prosecution vehemently opposes the prayer for bail and submits that the daughters were present at the time of the offence and as such, if the petitioner is enlarged on bail, there is every chance that the petitioner will try to influence his daughters, who are eye-witnesses in the present case. Considering the gravity of the crime and the manner in which it was committed as well as the fact that we cannot rule out of the possibility of the petitioner trying to influence the eye-witnesses, i.e.

his daughters, if he is enlarged on bail, we are not inclined to grant bail at this stage.

Moreover, the mother of the petitioner, in our opinion, is around 60 years old and not so aged so as to unable to take care of the petitioner's daughters in the meantime.

However, we feel that the trial is required to be expedited. Accordingly, CRM(DB)/6/2024 is dismissed with the rider that the Trial Court shall make all endeavour to expedite the trial as far as possible.

( Sabyasachi Bhattacharyya, J. ) ( Ajoy Kumar Mukherjee, J. )