State Of West Bengal v. Suman Mondal And ORS

03.03.2025 Court No.26 S.D.

Dismissed CRM (DB) 480 of 2023 In re: An Application for cancellation of bail under Section 439 (2) of the Code of Criminal Procedure.

-AndIn the matter of: State of West Bengal ... ... Petitioner Mr. Rudradipta Nandy, Ld. A.P.P.

Ms. Sonali Das ...For the State/Petitioner Mr. Avik Ghatak Mr. Saibal Dasgupta ... ... For the O.P. Nos. 1 to 3 State's application for cancellation of bail granted to the three private opposite parties is taken up for consideration.

Police case involves murder.

Bail was granted to the private opposite parties on December 23, 2022. Since then, prosecution witnesses are being examined. Out of 57 prosecution witnesses, 43 were examined at the trial.

Possibility of the trial ending in the near future is remote.

No post bail misconduct is brought to our notice.

Learned Jurisdictional Court took into consideration the period of custody of the private opposite parties and the submission of the learned Public Prosecutor that custodial interrogation and other formalities of investigation were complete. Learned Jurisdictional Court also noted that there was no prayer on behalf of the Investigating Officer for further custodial interrogation.

In such circumstances, learned Jurisdictional Court took into consideration the progress of the investigation proceeded to grant bail to the private opposite parties. Purely on the principles of Article 21 of the Constitution of India, we are not minded to interfere with the order granting bail to the private opposite parties. C.R.M. (DB) 480 of 2023 stands dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)