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Calcutta High CourtCRM (NDPS)/94/2023rejected

Saiful Islam @ Suiful And ORS v. State Of West Bengal

2023-01-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

24.01.2023.

10.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 94 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No. 38 of 2020 arising out of Berhampore P.S. Case No.178 of 2020 dated 18.02.2020 under Sections 22(c)/29 of the NDPS Act. In the matter of : Saiful Islam @ Saiful & Ors. ... Petitioners.

Ms. Minoti Gomes, Ms. Golam Nure Imrohi.

...for the Petitioners.

Mr. Saryati Datta.

...for the State.

Petitioners are in custody for two years and eleven months. He submits there is delay in trial. They pray for bail. Learned Advocate for the State opposes the prayer for bail. He submits trial is at its fag end.

We have considered the materials on record. Date has been fixed for examination of the accused under Section 313 of the Code of Criminal Procedure. Trial is at its fag end. Under such circumstances, we are not inclined to grant bail to the petitioners. But we direct the trial court to conclude the trial as expeditiously as possible preferably within four months from the next date fixed before it without granting any unnecessary adjournments to either of the parties. Accordingly, the prayer for bail of the petitioners is rejected.

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