Uttam Bhadra v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(DB)/11/2022 Uttam Bhadra Vs.

The State Mr. Deep Chaim Kabir Mr. Ajith Prasad ... for the appellant Mr. Salim Mohammed ... for the State February 20, 2023 [SR] Item No.3 Heard learned counsel for the petitioner and learned counsel for the State.

This is a case of uxoricide. One blow given by the husband is alleged to have cut the neck of the deceased. Charge has already been framed under section 302 of IPC and in the alternative under section 304 of IPC (Part-I) on the ground that the act was committed on gave of sudden provocation .

The circumstances on which the petitioner has been implicated are :- (i) The deceased, petitioner and their daughter were living in the spot-house and the deceased was found dead in the spot-house .

(ii) The weapon of offence has been seized from the spothouse. (iii) There was illicit relationship of deceased with one Soumen Hazra to the knowledge of the petitioner.

(iv) There is extra judicial confession of the petitioner before one Prafulla Biswas, Fanindra Halder and Smt Binodini Halder.

On report being called for by our last order, learned Sessions Judge has reported that he can dispose of the trial by the end of July, 2023.

In view of the aforesaid facts, we deem it just and proper not to exercise our discretion under section 439 Cr.P.C in favour of the petitioner at this stage, at least till Prafulla Biswas, Fanindra Halder and Smt Binodini Halder are examined in the trial. After these witnesses are examined, the petitioner shall be at liberty to renew his prayer for bail. CRM(DB)/11/2022 is dismissed.

( Chitta Ranjan Dash, J.) ( Md. Nizamuddin, J. )