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Calcutta High CourtCRM (DB)/626/2022dismissed

Sabir Gazi @ Khokon Gazi v. State Of West Bengal

2022-03-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (DB) 626 of 2022 07.03.2022 Sl. 65 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.03.2022 in connection with Basirhat P.S. Case No. 479 of 2021 dated 13.07.2021 under Sections 341/326/307/506/34 of the Indian Penal Code. And In the matter of: Sabir Gazi @ Khokon Gazi ....petitioner.

Mr. Pratip Mukherjee Mr. Omar Faruk Gazi ...for the petitioner.

Mr. Madhusudan Sur Mr. Dipankar Paramanick ...for the State.

Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 227 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the order rejecting the prayer for bail passed on January 10, 2022 in CRM 8321 of 2021. He submits that another co-accused was granted bail by the jurisdictional court which was cancelled by this Hon'ble Court on February 18, 2022 in CRM 8895 of 2021.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the earlier order of rejection dated January 10, 2022 passed in CRM 8321 of 2021 and considering the order dated February 18, 2022 passed in CRM 8895 of 2021 and considering the fact that there is hardly any material change in circumstances subsequent to the earlier order of rejection, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (DB) 626 of 2022 is dismissed.

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