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

Calcutta High Court grants bail to murder accused under trials after 12 years, citing Article 21 of Indian Constitution.

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.