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Calcutta High CourtCRM (NDPS)/72/2023rejected

Md Kalim v. State Of West Bengal

2023-01-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

18.01.2023 Sl. No.9 akd [Rejected] C. R. M. (NDPS) 72 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.01.2023 in connection with Bhadreswar Police Station Case No.154 of 2020 dated 25.06.2020 under Section 21(c) of the NDPS Act. (NDPS Case No.34 of 2020) And In Re: Md. Kalim ... ... Petitioner Mr. Jyoti Prakash Chatterjee Mr. Kusal Kumar Mukherjee ... ... for the petitioner Mr. Sanjay Bardhan Mr. Palash Ch. Majhi ... ... for the State Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner that he is in custody for about two years and five months.

Learned Advocate for the State opposes the prayer for bail and submits trial is in progress. Four out of fourteen witnesses have been examined.

We have considered the materials on record. Bail prayer of the petitioner was rejected earlier on merits. Trial is in progress. Under such circumstances, we are not inclined to grant bail to the petitioner. The application for bail is thus rejected.

Trial court is directed to expedite the trial and conclude the same at an early date preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)