Kalipada Pramanik And ORS v. State Of West Bengal

13.

05.08.2021 Ct.32 Tanmoy Dismissed C.R.M. 1935 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 18/02/2021 in connection with Kolkata Leather Complex Police Station Case No. 37 of 2018 dated 11/03/2018 under Sections 147/148/149/302/120B of the Indian Penal Code.

And In the matter of: - Kalipada Pramanik & Ors.

....petitioners.

Mr. Uday Sankar Chattopadhyay, Mr. Santanu Maji, Ms. Snigdha Saha, Mr. Pronay Basak ...for the petitioners.

Mr. Angshuman Chakraborty, Mr. Shasanka Shekhar Saha ...for the de facto complainant.

Mr. Neguive Ahmed, A.P.P., Mr. Anowar Hossain ...for the State.

The petitioner no.1 renews his prayer for bail. It is submitted that no previous application for bail was made by petitioner nos. 2 and 3. Learned Counsel for the petitioners submit that the petitioners have been falsely implicated and the present complaint is an outfall of a civil dispute between the neighbours with regard to fencing of a land.

Charge-sheet has been submitted and charges framed. Learned Counsel for the State opposes the prayer for bail and refers to statements of witnesses in the Case Diary which implicate the petitioners.

Having considered the material in the Case Diary indicating prima facie involvement of the petitioners in the

alleged crime and in view of the gravity of the offence and also as charges have already been framed, we are not inclined to grant bail to the petitioners at this stage.

Accordingly, the application for bail being C.R.M. 1935 of 2021 is dismissed.

However, in view of the period of detention suffered by the petitioners, we request the learned trial Court to conclude the trial as expeditiously as the business of the Court may permit without granting any unnecessary adjournments to the parties. All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)