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Calcutta High CourtCRM(M)/169/2026allowed

Md Taslim Sk @ Md Toslim @ Taslim Sekh v. State Of West Bengal

2026-02-11Hon'Ble Justice Tirthankar Ghosh3 pages

D/L18 11.02.2026 C.R.M. (M) 169 of 2026 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with English Bazar Police Station Case No.1827 of 2023 dated 03.11.2023 under Sections 395/412/120(B) of the Indian Penal Code, 1860;

Md. Taslim Sk @ Md. Toslim@ Taslim Sekh

Versus

The State of West Bengal Mr. Wasim Akram.

...for the petitioner.

Mr. Soumik Ganguly Mr. Rahul Ganguly.

...for the State.

Learned advocate appearing for the petitioner submits Bpg.

Allowed that the petitioner is in custody for 2 years 2 months and other accused persons have been granted bail in CRM(M)805 of 2025 and CRM(M)1593 of 2025.

The order dated 28.08.2025 passed by the co-ordinate Bench clearly reflects that stolen articles were recovered at the instance of the petitioner therein, namely, Sariful Sk. In spite of the same, bail was granted as there was no change of circumstances. In the present case also bail was lastly rejected on 6th February, 2025 wherein there was a hope given by the prosecution that the trial would be split up. Till date, the trial has not been split up. Having considered that there has been recovery of stolen articles from the present petitioner and the petitioner is similarly situated as other accused persons and there is no possibility of the trial commencing or being concluded in near future and the period

of detention of the present petitioner which is for 2 years 2 months, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Md. Taslim Sk @ Md. Toslim@ Taslim Sekh shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned CJM, Malda. If on bail, the petitioner shall be physically present on each and every date before the learned trial court and shall not leave the district of Malda without the prior permission of the learned court. Learned CJM, Malda or the learned Magistrate in seisin of the case would assess as to for how many days the warrant, proclamation or attachment is pending, exhaust the said process and thereafter take steps for splitting up the trial and commitment of the case.

Accordingly, CRM(M) 169 of 2026 is allowed.

Report submitted by the State be kept with the record. Case diary be returned to the learned advocate appearing for the State.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)