Arati Hansda And ANR v. State Of West Bengal

10.06.2021 Court No.28 SL No.107 PJ/KC CRM 2313 of 2021 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with S.T. Case No. 03(10)2019 arising out of G.R. Case No. 203/2019 corresponding to Ghatal P.S. Case No.

of dated 17.3.2019 under Sections 323/325/307/354B/302/120B/34 of the Indian Penal Code; And In the matter of: Arati Hansda & anr.

....Petitioners.

Mr. Oindrila Ghosh, ... for the Petitioners.

Mr. Madhusudan Sur, Mr. Dipankar Paramanick, ...for the State.

The application for bail under Section 439 of Cr.P.C. has been filed by the petitioners principally on the ground that the charge-sheet has already been filed in the matter.

The accused are in custody for 804 days.

Learned counsel for the State submits that the charges have been framed by the Court below and the next date of the matter is fixed on 7th August, 2021.

While it is true that the petitioners are in custody quite some time, this Court is of the view that given the facts and circumstances of the case and the opinion of the Investigating Officer as recurring from the Memo of Evidence, the application under Section 439 Cr.P.C. cannot be entertained.

CRM 2313 of 2021 is accordingly dismissed.

However, it is ordered that the learned Additional Sessions Judge, Ghatal, Paschim Medinipur shall attempt to dispose of the trial in

respect of S.T. Case No. 03(10)2019 arising out of G.R. Case No. 203 of 2019 corresponding to Ghatal P.S. Case No. 77 of 2019 dated 17.3.2019 as expeditiously as possible preferably within a period of eight months from 7th August, 2021.

The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Biswajit Basu, J.) (Rajasekhar Mantha, J.)