Calcutta High Court (Appellete Side)
CRM/11095/2020 on 20 July, 2021
20.07.2021
Court No.30
rpan 12
C.R.M. No. 11095 of 2020
(Via video Conference)
In Re : Santosh Barman
...Petitioner.
Mr. Kaushik Chowdhury,
Mr. Rishav Singh
Ms. Bursa Khatun
... for the Petitioner.
Mr. Sudip Ghosh,
Mr. Bitasok Banerjee
...for the State.
The present application under Section 439 of the Code of
Criminal Procedure has been preferred by the petitioner in
connection with Banshihari Police Station case no.15 of 2020
dated 03.02.2020 under Section 302 of the Indian Penal Code.
Mr. Chowdhury, learned advocate appearing for the petitioner
submits that the petitioner has been falsely implicated. There is
no incriminating material against the petitioner. Upon completion
of investigation, chargesheet has also been filed and as such,
further detention of the petitioner, who is already in custody for
about 532 days, is not necessary.
Mr. Ghosh, learned advocate appearing for the State opposes
the petitioner's prayer and draws our attention to several
documents in the case diary. He further submits that there are
materials on record which clearly indicate the direct involvement
of the petitioner in the alleged offence.
Having heard the learned advocates appearing for the
respective parties and considering the materials in the case diary,
the gravity of the offence and the extent of involvement of the
petitioner in the alleged offence, we are not inclined to exercise
any discretion in favour of the petitioner and his prayer for bail is
rejected.
Accordingly, the application for bail, being CRM No. 11095 of
2020, is dismissed.
Pursuant to the previous orders passed by this Court reports
have been filed, as called for. It appears from the first report
dated 11th April, 2021 of the Inspector-in-Charge, Banshihari
Police Station, Dakshin Dinajpur that there is neither any mental
home in Daskhin Dinajpur district nor in any adjacent districts
with facilities to look after the petitioner herein. However, there
is only one mental hospital, namely, Berhampore Mental
Hospital, Khagra in Berhampore, district - Murshidabad.
A further report has been filed by the medical board dated
15th July, 2021 wherein the board observed inter alia that:
'After detailed history taking, mental status examination and
psychological assessment (IQ assessment). Board came to
conclusion that Santosh Barman, 44 yrs Male is a case of cerebral
palsy with Moderate Intellectual disability (IQ=39).
'His personal, social and test judgment is impaired. He is not
fit to participate in the trial proceeding.'
Let the said reports, as filed, be kept on record.
Considering the above reports, this Court directs the Officer-
in-Charge, Banshihari Police Station to take necessary steps to
shift the petitioner to Berhampore Mental Hospital, Khagra,
Berhampore, district - Murshidabad within a period of two weeks
from date and to file a report before this Court on the returnable
date.
It is also directed that the Superintendent of the Balurghat
Correctional Home and the Superintendent, Berhampore Mental
Hospital, Khagra shall extend all co-operation to the Officer-in-
Charge, Banshihari Police Station for compliance of the above
direction of this Court.
List the matter for further consideration under the heading
"To Be Mentioned" on 6th August, 2021.
All parties shall act on the server copies of this order duly
downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)
