HC grants bail to man after 4 years in custody for wife’s ‘murder’

Kolkata: Observing that Article 21 of the Constitution encompasses a citizen’s fundamental right to speedy trial and personal liberty, Calcutta High Court on Monday granted bail to an accused who is in custody for four years for allegedly burning his wife to death.

The Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray was moved by the petitioner Jakir Sheikh for bail. His counsel submitted Jakir is in custody for four years and two months. His father, another accused, was already granted anticipatory bail. Jakir has been in custody since September 18, 2020. The trial is moving at a snail’s pace, the counsel said.

Both Jakir and his father were booked under several IPC sections, including murder and dowry. In the case, the deceased wife’s mother had lodged a complaint that her daughter learnt Jakir was already married to another lady but the father-son duo continued to demand dowry from them. In December 2019, father-son duo came to her house and after she returned home, she discovered her daughter in a “burning condition”. The daughter in her dying declaration allegedly named Jakir as the accused. The petitioner rebutted the allegations.

The state opposed the bail prayer. The court observed that only seven out of 19 chargesheet named witnesses were examined. On the last 12 dates, the witnesses did not turn up before the trial court. On ground of inordinate delay in progress of trial, the petitioner renewed his prayer for bail.

The bench said: “The prosecution may have an iron cast case against the petitioners. We do not make any comments on merits. However strong the case may be, the same cannot justify indefinite incarceration of an accused person. Article 21 of the Constitution encompasses a citizen’s fundamental right to speedy trial and personal liberty.”

Observing that 12 witnesses are yet to be examined and there is practically no possibility of an early conclusion of trial, the court allowed the bail prayer solely on the touchstone of Article 21 of the Constitution.