Sariful Shah v. State Of West Bengal

07.02.2023 Sl. No.44 akd [ALLOWED] C. R. M. (DB) 490 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.02.2023 in connection with Baishnabnagar Police Station Case No.149 of 2017 dated 20.02.2017 under Sections 489B/489C of the Indian Penal Code.

And In Re: Sariful Shah ... Petitioner Mr. Arnab Chatterjee Mr. Jisan Iqubal Hossain ... for the petitioner Ms. Anasuya Sinha Ms. Subhasree Patel ... for the State It is submitted on behalf of the petitioner that he is in custody for about six years. It is further submitted there is delay in trial. Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Offence, even if proved, would not attract mandatory life imprisonment. There is little possibility of the trial concluding in near future. Balancing the nature of accusation with the protracted period of detention suffered by the petitioner which infracts his fundamental right to speedy trial under Article 21 of the Constitution of India, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Sariful Shah, be released on bail upon furnishing a bond of Rs.

and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)