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Calcutta High CourtCRM (DB)/278/2023rejected

Ranjit Porel @ Saheb v. State Of West Bengal

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

24.01.2023 Sl. No.35 akd [Rejected] C. R. M. (DB) 278 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.01.2023 in connection with Behala Police Station Case No.226 dated 25.07.2019 under Sections 302/34/394 of the Indian Penal Code.

And In Re: Ranjit Porel @ Saheb ... ... Petitioner Mr. Navanil De Mr. Rajeshwar Chakarborty Mr. Srinjan Ghosh Mr. Bodhidipta Mandal Mr. Subhrajit Dey ... ... for the petitioner Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mr. Subrato Roy ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 31⁄2 years. It is further submitted there is sufficient evidence against the petitioner. It is also submitted there is inordinate delay in the trial.

With regard to submission regarding inordinate delay, report was called for. From the report it appears that on a number of dates, petitioner had sought adjournment. On other dates, delay was due to reasons beyond control of the prosecution.

Hence, we are not inclined to grant bail to the petitioner on this score.

On merits, we note petitioner has been identified in course of Test Identification Parade. Trial is in progress. Hence, we are not inclined to grant bail to the petitioner at this stage. The application for bail is thus rejected.

Trial court is directed to conclude the trial as expeditiously as possible preferably within one year from the next date fixed for

recording evidence without granting unnecessary adjournments to either of the parties.

Parties are requested to cooperate with the trial court in that regard.

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