Md Shami @ Mohammad Shami v. State Of West Bengal

02.05.2022 77 & 78 Ct. No. 29 KAUSHIK REJECTED C.R.M. 117 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Barikul Police Station Case No.

of dated 07.11.2019 under Sections 342/366/367/370(A)/370(2)/376(2)/506/34 of the Indian Penal Code.

And In Re : Mithun Chandra ...... petitioner with C.R.M. 341 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Barikul Police Station Case No.

of dated 07.11.2019 under Sections 342/366/367/370(A)/370(2)/376(2)(n)/506/34 of the Indian Penal Code and Sections 4/5a/5b/6 of the Immoral Traffic (Prevention) Act, 1956.

And In Re : Md. Shami @ Mohammad Shami ...... petitioner Mr. Milon Mukherjee Md. Zeeshan Uddin Mr. Santanu Talukdar Ms. Amrin Khatun ....for the petitioner in CRM 117 of 2021 Mr. Debasis Roy Mr. Avik Ghatak Mr. Santanu Chatterjee Mr. Mustafizur Rahaman Mr. Fahad Imam ....for the petitioner in CRM 341 of 2021 Mr. S. G. Mukherjee, learned Public Prosecutor Mr. Rudradipta Nandy ....for the State in both the applications Two applications for bail are taken up for consideration analogously as they emanate out of the same police case.

The petitioners seek bail, inter alia, on the ground of delay in the disposal of the trial. It is submitted that there are at least ten more prosecution witnesses remaining to be examined.

Learned Public Prosecutor appearing on behalf of the State opposes the prayer for bail.

Considering the materials in the case diary implicating the petitioners in the charges framed against them, we are unable to enlarge any of the petitioners on bail. However, we request the learned Trial Judge to invoke the provisions of Section 309 of the Code of Criminal Procedure and not to grant unnecessary adjournment to any of the parties. Learned Trial Judge is also requested to dispose of the trial as expeditiously as possible.

Accordingly, prayer for bail of the petitioners is rejected and the applications being CRM 117 of 2021 and CRM 341 of 2021 are dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)