Abdul Basir v. State Of West Bengal
09.02.2023 Sl. No.8 akd [Rejected] C. R. M. (DB) 398 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.01.2023 in connection with Harishchandrapur Police Station Case No.385 of 2022 dated 15.05.2022 under Sections 447/342/363/365/506/323/120B/34 of the Indian Penal Code and subsequently charge sheet submitted under Sections 302/201/34 of the Indian Penal Code. (G.R. Case No.1178 of 2022) And In Re: Abdul Basir ... ... Petitioner Mr. Sekhar Kumar Basu .. Sr. Advocate Mr. Tapan Dutta Gupta Mr. Parvej Anam ... ... for the petitioner Ms. Minoti Gomes Mr. Ashok Ahammed ... ... for the de-facto complainant Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Dipankar Paramanick ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 263 days. It is further submitted case has not been committed as yet.
Report is placed on record. From the report it appears though order was passed on 05.11.2022, the case could not be committed as the case diary was lying before this court.
In view of the aforesaid fact that the matter is ready for commitment and there are materials to show involvement of the petitioner in the crime, we are not inclined to grant bail to the petitioner at this stage.
The application for bail is thus rejected.
The case be committed immediately.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)