C.R.M. 3263 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 18/12/2018 in connection with
Nabadwip P.S. Case No.394 of 2017 dated 21/09/2017 under
Sections 498A/302 of the Indian Penal Code.
In the matter of: Subhas Dey.
Mr. Ankit Agarwal
Mr. Soham Banerjee
…for the petitioner.
Mr. S.G. Mukherjee
Mr. Parthapratim Dey
…for the State.
The petitioner is charged with the murder of his wife of 19 years on
the basis of a dying declaration said to have been made by the victim.
The petitioner is in custody for 560 days and says that a nurse who
was the signatory to the dying declaration has deposed that the nurse did not
hear what the victim had to say as the victim was too infirm and sick to speak
up. The doctor who recorded the dying declaration apparently asked the nurse
to sign the document upon the doctor saying that the victim had told the
doctor what was recorded in the dying declaration.
The trial is on in full swing. As to whether there is evidence against
the petitioner for the petitioner to be convicted is the exercise that is
undertaken by the trial court. It would not be appropriate at this stage of the
trial to pick up one aspect of the evidence out of context and consider the
present prayer of the petitioner. While the petitioner’s prayer is rejected, the
trial court is requested to conclude the trial within the next three months or
as expeditiously as the business of that court would permit and without
granting any adjournment to the parties.
CRM 3263 of 2019 is disposed of.
(Sanjib Banerjee, J.)