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Judgments of Supreme Court of India and High Courts

Sk. Hamidul Rahaman vs Unknown on 21 April, 2020

1

21.04.2020.
Item No.16
(Rejected)
ab C.R.M. 3202 of 2020

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 19.04.2020 in connection with Bagnan
P.S. Case No. 180 of 2013 dated 11.05.2013 under Sections
498A/302/304B/120B/34 of the Indian Penal Code.

And
In the matter of : Sk. Hamidul Rahaman …. petitioner.

Mr. Nabankur Paul. …For the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Ms. Faria Hossain …For the State.

The petitioner undertakes to affirm and stamp the

petition/application as per the Rules within forty-eight hours of
resumption of the normal functioning of the Court. Subject to
such undertaking the application is taken up for hearing through
Video Conference.

This is virtually fourth application for bail filed by the
petitioner before this Court. The earlier three applications were
rejected despite being alive of the fact that the session has started
and a progress has been shown therein. On each occasion, this
Court does not find that the petitioner should be enlarged on bail
considering the complicity of the alleged offence.

On the last occasion the Court rejected the bail application
filed by the petitioner as it does not find any change circumstances
warranting the exercise of powers enshrined under Section 439 of
the Code of Criminal Procedure. Because of the pandemic and
irregular sitting of the Court and in order to keep distancing for
avoidance to contingent COVID virus, the progress in the session
trial has not been achieved, which should not be considered as a
justifiable ground to avail the provisions relating to the release of
the petitioner. The prayer of the petitioner is rejected.

The application being CRM 3202 of 2020 is also rejected with
a note that the moment the lockdown is over and the functioning
of the Court resume to its normalcy, endeavour shall be shown by
the learned Sessions Judge to bring the case to its logical end at
an earliest.

2

(Abhijit Gangopadhyay, J.) (Harish Tandon, J.)

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