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Calcutta High CourtCRM (DB)/97/2025rejected

Sabir Ahammed v. The State Of West Bengal

2025-03-07Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Prasenjit Biswas2 pages

21.

07-03-2025 CRM (DB) 97 of 2025 (ct. no.29) S. De In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Sabir Ahammed.

...Petitioner.

Mr. Debanshu Ghorai, Mr. Anisur Rahman, ......for the Petitioner.

Mr. Debasish Roy, Ld. P.P., Mr. Arijit Gangully, Mr. Koushik Kundu, ......for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner renews his prayer for bail which was rejected earlier on merits on six occasions, lastly on October 28, 2022, in CRM (DB) 3827 of 2022.

2. The petitioner complains that he is in custody for about 6 years and 3 months. 3 prosecution witnesses are yet to be examined.

3. We had called for the depositions of the witnesses already examined. We have scanned the depositions. Eye-witnesses clearly implicate this petitioner. The charge is of murder. If convicted, the petitioner will have to serve mandatory life sentence.

4. In view of the overwhelming incriminating evidence against the petitioner, we are not inclined to entertain the prayer for bail in spite of his long detention in judicial custody.

5. CRM (DB) 97 of 2025 is dismissed.

6. However, considering the petitioner's period of detention, we direct the learned Trial Court to expedite the trial to the

fullest extent and conclude the same on an early date without granting unnecessary adjournment, if necessary by preponing the next date fixed which we are told is March 28, 2025 and by fixing frequent schedules of 2/3 days each for examination of witnesses.

7. Let this order be communicated by the parties to the learned Trial Court.

(Prasenjit Biswas, J.) (Arijit Banerjee, J.)