AKHTAR PARWEZ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present application for bail under Sec. 439 of the Code of Criminal Procedure (in short, the Code) has been preferred by the petitioner, namely, Akhtar Parwez, on behalf of the accused, namely, Raghib Parvez, in connection with Shakespeare Sarani Police Station Case no.159 of 2019 dtd. 17/8/2019 under Ss. 279/304/308/427/201/212 of the Indian Penal Code read with Sec. 3 of the PDPP Act and Ss. 119/177 of the Motor Vehicles Act.

(2.) Shorn of unnecessary details, the facts are that in connection with Shakespeare Sarani Police Station Case no. 159 of 2019 dtd. 17/8/2019, the accused was arrested on 21/8/2019. Upon completion of investigation charge sheet was submitted on 18/9/2019. The case was thereafter committed to the Court of the learned Chief Judge, City Sessions Court. On 12/3/2020 an application was filed by the petitioner under Sec. 329 of the Code before the learned jurisdictional Court. While in judicial custody, the accused was admitted in the Institute of Psychiatry, Kolkata (in short, the said Institute) and on 7/4/2020, he filed an application before this Court under Sec. 330 readwith Sec. 439 of the Code. Considering a medical report dtd. 16/3/2020 issued by the Director of the said Institute, an interim bail for a period of two months was granted by this Court on 8/4/2020. Seeking permission to take the accused to Bangalore for better treatment, an application for modification of condition of bail was preferred by the petitioner and by an order dtd. 21/9/2020, a report was called for from the Superintendent of the said Institute. Pursuant to such direction, a report was furnished on 20/10/2020. Considering such report, the interim bail granted earlier was extended for a period of 4 months granting liberty to the accused to have himself treated in the National Institute of Medical Health and Neurosciences, Bangalore (in short, NIMHNS). Thereafter on 23/2/2021, upon examining the accused, NIMHNS submitted a report observing inter alia that the accused is fit to face the trial procedures. Thereafter, the bail application came up for final hearing and by an order dtd. 13/4/2021 the same was dismissed. Aggrieved thereby, the petitioner preferred a Special Leave Petition before the Hon 'ble Supreme Court. The same was also dismissed by an order dtd. 19/4/2021. In the midst thereof, the accused filed an application on 18/2/2021 in continuation of the earlier application dtd. 12/3/2020 filed under Sec. 329 of the Code. The said application and the connected application for bail were rejected by the learned Court below on 24/8/2021. Thereafter, the present application has been preferred by the petitioner on 26/10/2021.

(3.) Records reveal that during pendency of the present application, the accused was clinically examined by the members of the Medical Board on 3/12/2021 and a report was forwarded by the Superintendent, Presidency Correctional Home vide memo dtd. 7/12/2021. Thereafter the accused was examined by the Medical Board twice on 20/12/2021 and 25/1/2022 and the reports were forwarded by the Director of the said Institute.