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“Country In Unlock,Trial Courts Must Commence/ Continue Trials In POCSO, Rape, Negotiable Instruments, PMLA Cases Etc”: Calcutta HC

first_imgNews Updates”Country In Unlock,Trial Courts Must Commence/ Continue Trials In POCSO, Rape, Negotiable Instruments, PMLA Cases Etc”: Calcutta HC Mehal Jain13 Sep 2020 7:53 AMShare This – xThe Calcutta High Court expressed concern over the lack of progress in trial proceedings particularly in cases where one or more accused is in custody for a protracted period of time and stated that the same is not desirable.On Thursday a Division Bench comprising of Justices Joymalya Bagchi and Suvra Ghosh directed the trial courts to commence/continue trial proceedings either via physical…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Calcutta High Court expressed concern over the lack of progress in trial proceedings particularly in cases where one or more accused is in custody for a protracted period of time and stated that the same is not desirable.On Thursday a Division Bench comprising of Justices Joymalya Bagchi and Suvra Ghosh directed the trial courts to commence/continue trial proceedings either via physical mode or hybrid/video conferencing mode, as they may consider it appropriate, and upon following appropriate COVID protection and social distancing measures preferably in the following cases:- a) Sessions cases where one or more accused is in custody for two years and more (like the present one) and magistrate triable cases where the accused is in custody for six months or more. b) Cases where specified time frame for conclusion of trial has been stipulated in the law e.g. POCSO Act, rape cases, Prevention of Corruption Act, Negotiable Instruments Act, etc. c) Criminal cases involving Ponzi matters, cases pending before the Special Courts under Prevention of Money Laundering Act. d) Cases pending before Special Courts under National Investigation Agency Act. e) Cases where specified directions for conclusion of trial has been given by the superior courts. f) Cases which are at a matured stage, that is, examination of accused under section 313 Cr.P.C., arguments, etc. The Bench was considering application for bail under Section 439 of the Code of Criminal Procedure under Sections 25/27 of the Arms Act and under Sections 9B(II) of the Explosive Act and under Sections 3/4 of the E. S. Act. The Petitioner has been in custody for more than five years. The Petitioner pleaded that there is little possibility of trial concluding in the near future. The State while opposing the prayer for bail submitted that the petitioner was one of the members of the gang who was found in possession of a huge cache of fire arms and explosives.The Justices remarked that allegations against the petitioner are grave. And witness action has already commenced.The Court observed that the prayer for bail of co-accused has also been turned down by a co-ordinate bench of this Court.In view of the aforesaid facts, the Bench did not consider it prudent to enlarge the petitioner on bail merely on the plea there is delay in trial due to the prevailing pandemic and rejected the bail application.”However, we are not unmindful of the protracted period of under-trial detention suffered by the petitioner.”added the Bench.The Justices while relying upon Hussain Vs. Union of India, 2017 (5) SCC 720, reiterated that the Apex Court has proposed a uniform target to conclude trial in sessions cases where under-trials are in detention for two years and in magistrate triable cases where the detention is six months and more. The Bench concluded by issuing directions to the trial courts to commence the trial proceedings. Next Storylast_img read more

Cowley violence linked to drugs

first_imgYet another violent incident took place on Cowley Road this week, leaving a man with severe head injuries. The assault took place outside the Regal nightclub on Sunday night. Police were called at 2.50am on Sunday 30th January to reports of an altercation and assault near the popular student venue. The victim, a 32 year-old man, was taken to the John Radcliffe Hospital with serious head injuries. Doctors later described his condition as stable.A police cordon was set up the next morning at the junction of Southfield Road and Cowley Road, by the City Arms pub.A 31 year-old man has been arrested in connection with the assault and has been released on conditional bail until 14 March.The news comes less than a month after a mass street brawl on Cowley Road where police arrested five men for public order offences, and a spate of violence last October, when two people were stabbed on the Cowley Road in separate incidents.Dan Withers, a New College student living on Cowley Road, said, “I’ve never seen anything untoward in Cowley, but it has its fair share of dodgy-looking characters. Though I can’t say it has ever stopped me stumbling home after a night out.“Generally it’s fine. I’m more worried crossing Cowley Road”.Oxford Council are currently processing a new regulation that will require venues which have late night licences to pay a levy that will pay for the extra policing needed. However, the government has just put a restriction on how much the council can charge.Councillor for St Clement’s Nuala Young told Cherwell that she had been lobbying the local police to change their rota system to have enough police on duty late at night and early in the morning.She said, “We are concerned that many of the incidents have been connected with drug dealing, as with the young student who was stabbed in the early hours near the Bullingdon Road.“Students really should steer clear of these dodgy and potentially violent dealers who are homing in on the potential for student clientele in our area.”She added, “Generally we don’t think that Oxford University students are such crazy drinkers, however female students really need to beware of tanking up with drink before they go out and ending up so drunk that they don’t know what’s happening.”Thames Valley Police said that they are still appealing for any witnesses of the attack at the weekend to come forward. In addition to the spate of attacks in the Cowley Road area, the website police.uk, which shows detailed breakdowns of crime levels in specific areas, reveals a high number of violent incidents in other parts of the city.The website shows ten instances of violent crime in the Magdalen roundabout area in December of last year, while Hythe Bridge Street and New Road record 18 and 17 incidents respectively. The total number of violent crimes in the inner city for December stands at a high 93. The overall figure for all crime and anti-social behaviour comes in at 606. However, the new website places Oxford behind many other cities in the crime stakes, with Cambridge tallying at 741 and nearby Reading at 787.last_img read more

Cazenovia’s Kingsley leads F-M to sectional swim title

first_img Tags: CazenoviaF-MMorgan Kingsleyswimming Though Cazenovia High School has not fielded its own girls swim team for several years now, some students remain part of local competition – and in the case of one in particular, a big part.Morgan Kingsley, a sophomore, and Kate Millson, an eighth-grader, both are part of the Fayetteville-Manlius team that has its home meets at Cazenovia College and, for the fourth consecutive year, earned the Section III Class A championship.Kingsley has proven a major presence for F-M, and she starred at Friday’s Class A sectional meet at Nottingham High School, not only winning twice, but earning spots in four different events in the Nov. 22-23 state championships at Ithaca College.Entering the meet, Kingsley was the second seed in the 50-yard freestyle behind Oswego’s Grace Wing, having posted a time of 25.62 seconds during the season.But Kingsley would beat the field here, going 24.78 seconds to beat the state qualifying standard of 24.84 and then hold off Cicero-North Syracuse’s Bryn Myers, who was second in 25.17 seconds.Also, in the 100 breaststroke, Kingsley entered as the top seed with her regular-season time of 1:10.13, but she needed 1:08.60 to reach the state meet – and got there, her 1:08.37 well clear of Liverpool’s Delaney Gellert (1:09.98) in the runner-up spot. F-M’s Katie Ottaviano was third in 1:10.55, with teammates Meghan Seidberg and Caitlin Rameas fifth and sixth, respectively.In between these races, Kingsley, swimming with Emma Luttrell, Hannah Kellogg and Georgia Langan, went 1:40.16 to take the 200 freestyle relay over Oswego (1:41.61), though both advanced to the state meet.And at the end of the meet, Kingsley went to the 400 freestyle relay and, paired with Luttrell, Kellogg and Lindsay Mathews, finished in 3:42.29 to again reach the state meet, since the state qualifying standard was 3:42.73.This large F-M team has room both for Kingsley and for Kellogg, who hails from Chittenango High School and won the sectional title in the 200 freestyle in 1:58.66 to beat out Oswego’s Sydney DeLapp (1:59.48). Kellogg also finished third in the 100 freestyle in 54.57 seconds.Moving on to Sunday’s overall sectional meet at Nottingham, Kingsley took third in the 50 freestyle in 24.89 seconds, and was third in the 100 breaststroke in 1:09.36, neither time as quick as those from the Class A meet.But Kingsley and Kellogg both helped Luttrell and Langan improve to 1:39.90 and win the 200 freestyle relay before that pair, along with Luttrell and Lindsay Mathews, went 3:40.43 in the 400 freestyle relay, second to CBA’s winning 3:37.55.Individually, Kellogg finished fifth in the 200 freestyle in 1:59.74, and got fifth place in the 100 freestyle in 55.19 seconds. All of this helped F-M, with 344 points, finish first and claim the George Falwell Cup.Share this:FacebookTwitterLinkedInRedditComment on this Story last_img read more