Madhusudhan Ghosh @ Madhu And ANR v. State Of West Bengal

(AD) 01.03.2023 Court No.29 (Rejected) C.R.M. (DB) 810 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bagnan P.S. Case No.32 of 2018 dated 01.02.2018 under Sections 302/201 of Indian Penal Code, subsequently charge sheeted under Sections 302/201/120B of I.P.C, corresponding to S.T. Case No.31 of 2021, (New S.T. No.32 of 2021) and S.C. No.31 of 2021 corresponding to S.C.

No.32/2021, S.T.

No.202/2021 corresponding to S.T. No.03(06)2022.

And In the matter of: Madhusudhan Ghosh @ Madhu & Anr. ....petitioners.

Mr. Jayanta Samanta Mr. Maidul Islam Kayal Mr. Sumit Naskar ...for the petitioners.

Mr. Rudradipta Nandy, Ld. APP Mr. Subrato Roy ... for the State.

Petitioners renew their prayer for grant of bail. It is contended on behalf of the petitioners that the de facto complainant filed a revisional application and although there is no stay of proceedings, on the strength of the filing of such revisional application, the jurisdictional Court is adjourning the trial.

The Court is informed that the jurisdictional Court framed the charges.

No doubt, when there is no stay of the proceedings, the trial court will continue with the trial until there is an order of stay passed by an appropriate court.

In such circumstances, the trial court is requested to proceed with the trial unless there is an order of stay granted by an appropriate Court.

There is hardly any change in circumstances since the earlier two orders of rejections of the prayer for bail made

individually by the two petitioners.

In such circumstances, we are unable to grant bail to the petitioners.

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

C.R.M. (DB) 810 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)