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Calcutta High CourtCRM (DB)/689/2022dismissed

Mainuddin Sk @ Mainu And ANR v. C.B.I. (Spcial Crime Bramch)

2022-03-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (DB) 689 of 2022 17.03.2022 Sl. 26 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.03.2022 in connection with Nalhati P.S. Case No. 146 of 2021 dated 14.05.2021 under Section 302/201/34 of the Indian Penal Code.

And In the matter of: Mainuddin Sk @ Mainu & Anr. ....petitioners.

Mr. Milon Mukherjee, Sr. Adv.

Mr. Saibal Mondal Ms. Nibedita Chakraborty ...for the petitioners.

Mr. Y. J. Dastoor, Ld. ASG Mr. Phiroze Edulji Mr. Samrat Goswami ...for CBI.

Petitioners renew the prayer for bail.

Learned senior advocate appearing for the petitioners submits that given the period of detention of the petitioners and given the fact that the Central Bureau of Investigation is yet to complete the investigations, there is hardly any possibility of the trial commencing any time soon let alone concluding. Learned Additional Solicitor General appearing for the CBI draws the attention of the Court to the earlier order of rejection dated November 2, 2021. He submits on instructions that the investigations are nearing conclusion and that the CBI is likely to file supplementary charge-sheet within five weeks from date. Considering the gravity of the offence and the involvement of the petitioners therein as appearing from the materials in the case diary and considering the contents of the order dated November 2, 2021 passed in CRM 6875 of 2021, we are unable to grant bail to the petitioners. Moreover, there is hardly any material change in circumstances subsequent to the earlier order of rejection dated November 2, 2021.

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

C.R.M. (DB) 689 of 2022 is dismissed.

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