Shankar Prosad Sharma @ Shankar Sharma v. State Of West Bengal

09.06.2021 Court No.28 SL No.105 PJ/KC CRM 701 of 2021 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raniganj P.S.

Case No.297/2019 dated 19.8.2019 under Sections 302/201/120B of the Indian Penal Code;

And In the matter of: Shankar Prosad Sharma @ Shankar Sharma, ....Petitioner.

Mr. Apurba Kumar Dutta, ... for the Petitioner.

Mr. Saibal Bapuli, Mr. Soumik Ganguly, ...for the State.

This bail application under Section 439 Cr.P.C. has been filed in connection with Raniganj P.S. Case No.297/2019 dated 19.8.2019 under Sections 302/201/120B of the Indian Penal Code corresponding to G.R. No. 1901 of 2019.

Learned counsel for the petitioner would argue that his client is in custody for more than 700 days. He says that the trial has not yet been commenced till date. It is therefore prayed that the petitioner should be enlarged on bail.

Learned counsel for the State submits that the petitioner is the principal accused and a hired killer who had actually fired the weapon, resulting the death of the victim. An earlier bail application has also been rejected.

In the above circumstances and the considering the gravity of the offence, this Court is not inclined to grant bail under Section 439 Cr.P.C.

The prayer for bail stands rejected.

However, since the charges have been framed and the trial is under way, it is ordered that the Court below shall conclude the trial positively within a period of six months from the date of communication of this order.

The Registry is directed to notify the Court below of the aforesaid order.

CRM 701 of 2021 is accordingly dismissed.

The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Biswajit Basu, J.) (Rajasekhar Mantha, J.)