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Calcutta High CourtCRM(M)/573/2026allowed

Sk. Jahangir @ Sk. Jhagir v. State Of West Bengal

2026-03-31Hon'Ble Justice Tirthankar Ghosh2 pages

31.03.2026 Court No.35.

D/L.92.

Rakib (Allowed) CRM (M) 573 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jorasanko Police Station case no. 326 of 2020 dated 20.12.2020 under Sections 302/394/411 of the Indian Penal Code.

And In the matter of : Sk. Jahangir @ Sk. Jhagir. ......Petitioner.

Mr. Sourav Mukherjee Ms. Ayasha Najrin Ms. Sabera Khatun Ms. Khadija Khatoon Ms. Pragati Jha ......for the Petitioner.

Mr. Ranadeb Sengupta Ms. Nahid Ahmed ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for five years three months and only three witnesses out of 46 witnesses have been examined. Learned advocate for the State opposes the prayer for bail and submits that petitioner was identified in the T.I. Parade and the wearing apparels of the deceased including the blood stained offending weapon has been recovered from the possession of the petitioner. The accusations are grievous so it was the responsibility of the prosecution to pursue the case before the learned trial Court. Petitioner is in custody for five years and only three witnesses have been examined, prosecution proposes 46 witnesses. Having considered the period for which the petitioner is in custody and there is no possibility of the trial concluding in near

future, without entering into the merits of the case, I am helpless to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is allowed.

As such, petitioner namely, Sk. Jahangir @ Sk. Jhagir shall be released on bail upon furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of Rs. 10,000 (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Calcutta. If on bail, the petitioner shall be physically present on each and every date fixed by the learned trial Court and shall not leave the jurisdiction of District of Kolkata and South 24 Parganas without the prior permission of the learned Court.

Additionally, petitioner will once in a week meet with the Officer-in-Charge of Jorasanko police station or any officer deputed by him for a period of one year from the date of his release, the same would continue or be waived subject to the learned trial Court feeling confident regarding the presence of the petitioner. Accordingly, CRM (M) 573 of 2026 is allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)