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MANOJ MISRA, MANMOHAN
Akram Hossain Mondal @ Akram Mondal @ Akram Hosen Mondal – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. bail order and basis for appeal. (Para 3 , 4) |
| 2. opposition to bail noted. (Para 5) |
| 3. court's reasoning for granting bail. (Para 6) |
| 4. conclusion and order for bail release. (Para 7 , 8 , 9) |
ORDER :
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal impugns order dated 25.07.2025 passed by the High Court at Calcutta rejecting the regular bail prayer of the appellant in connection with Case No. 746/2023, registered at P.S. Sankrail, District Howrah.
4. At the outset, learned counsel for the appellant submits that the High Court had rejected the first bail prayer vide order dated 16.01.2025 by observing that the trial shall be expedited and the trial court shall take all steps to conclude the trial at an early date. It is submitted that against the aforesaid order special leave petition was filed but based on the aforesaid observations, the same was withdrawn. However, till date only one witness, out of 11 prosecution witnesses, has been examined even though, by now, the appellant has suffered pending trial incarceration of a period exceeding 2 years 4 months. In that context, it has been prayed that the appellant be released on bail particularly w
The court granted bail due to prolonged incarceration and absence of prior criminal history, emphasizing the importance of timely trial proceedings.
Bail applications must consider trial progress and the defendant's history; prolonged detention without trial progress can justify granting bail.
The court granted bail to a septuagenarian accused, emphasizing that prolonged detention pending trial is unwarranted, while clarifying that this does not affect the merits of the case.
The mere existence of pending criminal cases cannot justify the denial of bail without considering the accused's specific involvement in the crime.
The judgment emphasizes the importance of the district judiciary's independence in considering bail applications and highlights the appropriateness of the Trial Judge's exercise of discretion to gran....
The appellate court emphasized that bail decisions must adhere to established legal principles and prior rulings, ensuring that serious offenses are appropriately adjudicated.
The need for expeditious disposal of bail applications and disapproval of the practice of dismissing interim relief.
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