Monoj Majumder v. State Of West Bengal

23.03.2021.

Item No.73 (Rejected) ab C.R.M. 992 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.01.2021 in connection with Chanditala P.S. Case No. 220 of 2011 dated 27.09.2011 under Section 396 of the Indian Penal Code and Sections 25/27 of the Arms Act;

And In the matter of : Monoj Majumder.

... petitioner.

Mr. Sanjib Mitra.

...For the petitioner.

Mr. Neguive Ahmed, Ld. APP, Ms. Anita Gaur.

...For the State.

This is an application for bail in connection with Chanditala Police Station Case No. 220 of 2011 under Section 396 of the Indian Penal Code and Sections 25/27 of the Arms Act at the behest of the petitioner. The grievance of the petitioner is that he is in custody for more than seven years and yet the trial of the case has not been concluded.

Mr. Neguive Ahmed, learned Advocate for the State, opposes the prayer for bail and submits the Memo of Evidence. Let the same be kept on record.

The contention of the said Memo reflects that only three witnesses, namely, Angora Begum, Sub Inspector Sukhamay Chakraborty and Second Investigating Officer Daud Mansur Md. Hossain, are to be examined. It has also been submitted that the next date is fixed on 5th April 2021. Considering the advanced stage of the trial, we are not inclined to release the petitioner on bail at this stage. Accordingly, the application for bail being CRM 992 of 2021 is rejected.

Having regard to the detention of the petitioner, we request the trial court to take efforts so that the evidence of all witnesses is over by 31st May 2021.

(Harish Tandon, J.) (Tirthankar Ghosh, J.)