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Calcutta High CourtCRM (DB)/544/2024rejected

Md. Sahil @ Md. Sahil Mistri @ Mistri @ Md. Samayun Sekh v. State Of West Bengal

2024-02-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

29.02.2024 tkm/ct 28 C.R.M. (DB) 544 of 2024 sl no. 62 In Re : An application for bail under section 439 Cr.P.C in connection with Serampur PS case no. 157 of 2019 dated 18.4.2019 under section 302/201 IPC And In Re : Md Sahil @ Md Sahil Mistri @ Mistri @ Md. Samayun Sekh ........ petitioner Mr. Usof Ali Dewan Mr. A Dewan ...... for the petitioner Mr. Antarikhya Basu ...... for the State

1. Petitioner is in custody for more than four years. He submits there is no direct evidence connecting him with the murder. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer. He contends petitioner is the husband of the lady who was brutally murdered.

3. We have considered the materials on record. Victim lady was brutally murdered. Petitioner ordinarily resided with her at her residence. Trial is in progress. Offences, if proved would attract mandatory life imprisonment.

4. Under such circumstances, we are not inclined to grant bail to the petitioner.

5. Accordingly, prayer for bail is rejected.

6. Trial court is directed to expedite the trial and conclude the same at an early date preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties.

7. Praties shall cooperate with the trial and communicate this order to the trial court for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)