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Calcutta High CourtCRM (DB)/202/2025rejected

Samir Shikari v. State Of West Bengal

2025-02-24Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

24-02-2025 (ct. no. 29) KOLE CRM (DB) 202 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Sonarpur Police Station Case No. 1156 of 2023 dated 31.10.2023 under Sections 498A/302 of the Indian Penal Code.

- A n d - In the matter of : Samir Shikari .... Petitioner.

Mr. Soumya Nag, Ms. Namrata Chatterjee, ... For the Petitioner.

Mrs. Manisha Sharma, Mrs. Manasi Roy, ... for the State.

Dictated by Arijit Banerjee, J:- 1.

The petitioner says that he has been falsely implicated. He has no role to play in the alleged crime of murder. He is in custody for one year three months. Beyond filing of charge sheet, there has been no progress in the trial. He prays for bail. 2.

Opposing the bail prayer, learned State Advocate tells us that charge has been framed. Charge was framed on September 12, 2024. April 8, 2025 is the next date fixed for recording of evidence.

3.

Our attention has been drawn to statements of eyewitnesses (mother and daughter of the victim girl) recorded under Section 164 of the Criminal Procedure Code. The witnesses described how the petitioner slit the throat of his wife. 4.

In view of the overwhelming incriminating material against the petitioner, we are not inclined to enlarge the petitioner on bail, at this stage. If convicted, he will have to serve mandatory life sentence.

5.

CRM (DB) 202 of 2025 is, thus, dismissed.

6.

However, considering the period of detention of the petitioner, we direct the learned Trial Court to expedite the trial to the extent possible and conclude the same on an early date without granting unnecessary adjournments to either of the parties and if necessary, by fixing frequent schedules for examination of witnesses.

7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )