TaxTMI 
TaxTMI 
2010 (10) TMI 1199
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.... under Section 302 of the Indian Penal Code, 1860 (for short "IPC") for allegedly committing the murder of one Ms. Mallika Sen. Respondent No. 2 is the State of West Bengal. 4. Very briefly stated the facts material for the adjudication of this appeal can be stated thus: Ms. Mallika Sen, a 57 years old widow was found strangulated at her residence on 2nd July, 2009. The appellant, who is the brother of the victim, lodged a written complaint at the Rampurhat Police Station, on the basis of which FIR No. 111/09 dated 2nd July, 2009 was registered under Section 302, IPC. It has been alleged that a neighbour of late Ms. Sen, one Mr. Somenath Dutta, saw the accused rushing out of the residence of the deceased, around the time the incident to....
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....t, while assailing the impugned order, contended that the said order being non-speaking, deserves to be set aside in light of the decision of this Court in Masroor v. State of Uttar Pradesh and Anr. (2009) 14 SCC 286. Learned Counsel submitted that the High Court has failed to take into consideration the manner in which a hapless old lady was done to death as also the fact that the accused had been duly identified by an independent witness. 10. Per contra, Mr. Ujjwal Banerjee, learned Counsel appearing for the accused, contended that the case against the accused was false, as is evident from the fact that the witness had failed to identify the accused in the first T.I.P. Learned Counsel contended that the accused had been arrested on a mer....
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....vant considerations and mechanically grants bail, the said order would suffer from the vice of non-application of mind, rendering it to be illegal. In Masroor (supra), a Division Bench of this Court, of which one of us (D.K. Jain, J.) was a member, observed as follows: Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided, but there is a need to indicate in such order reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. (See also: State of Maharashtra v. Ritesh (2001) 4 SCC 224; Panchanan Mishra v. Digambar Mishra and Ors. (200....