Basudeb Ghosh v. State Of West Bengal

04.04.2022 Serial no.37 [Dd] (Bail Rejected) CRM (DB) 746 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No.

of dated 28.04.2018 under Sections 447/448/325/326/307/302/34 of the Indian Penal Code. -AndIn the matter of : Basudeb Ghosh ... ...Petitioner Mr. Prabir Majumder, Advocate ... ... For the Petitioner Mr. Binay Panda, Mr. Subham Bhakat, Advocate ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 3 years and 55 days. Out of 18 days at the trial 16 were adjourned at the behest of the prosecution while the petitioner took adjournments twice.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. There are occasions when, the functioning of the Court was impacted due to COVID-19 and not to attend resolution.

Considering the fact that materials placed on record does not establish conclusively that the prosecution was indolent in proceeding with the trial and considering the fact that there is hardly any change in circumstances subsequent to the earlier order of rejection, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 746 of 2022 is dismissed.

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