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Subhas Dey vs Unknown on 10 April, 2019


08 10.4.2019

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.

ssd And

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.)

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