Calcutta HC grants bail to murder accused citing Article 21 of Constitution over trial delay

Kolkata: The Calcutta High Court has granted bail to two murder accused undertrials on the ground of right to life under Article 21 of the Indian Constitution as they have been incarcerated for more than 12 years.

The two - Munna Dhali and Nabu Dhali, along with two others, are accused of murder of four persons in 2012 at Thakurpukur police station area in West Bengal's South 24 Parganas district and have been awaiting completion of trial in the case.

"Without touching the merits of the case and solely on the anvil of Article 21 of the Constitution of India, prayer for bail is allowed," Justice Suvra Ghosh said in the judgement delivered on May 15.

While one other accused Rajesh Das was granted bail on similar grounds earlier, other accused Sattar Mondal had been refused bail on the ground of gravity of the offence and earlier rejection of bail.

They were accused of murdering their employer Dipak Bhattacharya, owner of a local cable television business, his mother and two maids on September 6, 2012, at their residence at Biren Roy Road under Thakurpukur police station area.

All the four accused were arrested on September 9.

Justice Ghosh noted that the petitioners Munna Dhali and Nabu Dhali approached the court with a prayer for bail for the first time after being incarcerated for more than 12 years.

The judge also noted that though the prosecution undertook to examine five more witnesses within the next two months from February 24 this year, there has been no further progress in trial since then.

Justice Ghosh directed that the petitioners be released on bail upon furnishing bonds of Rs 10,000 each, with two sureties of like amount each, one of whom must be local.

She also directed accused Munna Dhali and Nabu Dhali to appear before the trial court on every date of hearing and not to intimidate witnesses or tamper with evidence in any manner whatsoever.