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Calcutta High CourtCRM (DB)/253/2022dismissed

Raghunath Karmakar @ Raghu v. State Of West Bengal

2022-02-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

21.02.2022 Serial no.34 Aloke Ct. No. 29 CRM (DB) 253 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 25.01.2022 in connection with Ranigunj P.S. Case No. 130 of 2018 dated 02.05.2018 under Sections 394/397/307 of the Indian Penal Code and Sections 25/27 of the Arms Act and Section 3 /4 of the Explosive Substances Act and added Sections 302/411/34 of the Indian Penal Code and Section 27(1)/35 of the Arms Act. -AndIn the matter of : Raghunath Karmakar @ Raghu ... ...Petitioner Mr. Ayan Basu, Advocate Mr. Sk. Salim, Advocate Mr. Sunit Rough, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Dipankar Paramanick, Advocate ... ... For the State Petitioner prays for bail.

Report as called for by the order dated February 1, 2022 filed in Court be taken on record.

It appears from the such report that since January 11, 2021 till February 15, 2022, the delay, if any, of the trial, cannot be attributed to the prosecution. There are dates on which the Advocate for the accused persons delayed the trial and filed fresh vakalatnama. Moreover, there were cease work called by the local Bar on some dates and the ongoing pandemic affected the functioning of the Court. Considering the gravity of the offence and the period of detention and the involvement of the petitioner therein and considering the fact that there is hardly any change in circumstances subsequent to the earlier order of rejection, we are unable to grant bail to the petitioner.

CRM (DB) 253 of 2022 is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)