Sattar Mondal v. State Of West Bengal

07.03.2024 Sl. No.30 akd [Rejected] C. R. M. (DB) 741 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.02.2024 in connection with Thakurpukur Police Station Case No.371 of 2012 dated 07.09.2012 under Sections 302/34/394 of the Indian Penal Code.

And In Re: Sattar Mondal ... ... Petitioner Mr. Kiron Sk.

... ... for the petitioner Mr. Rana Mukherjee Ms. Sujata Das ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than eleven years. It is further submitted there is slow progress in trial. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits there are ample evidence implicating the petitioner with the crime. Trial has substantially progressed. He assures the court examination of witnesses shall be complete within six months.

3. We have considered the materials on record. Offence involves murder which attracts mandatory life imprisonment. There are ample evidence implicating the petitioner with the offence. 37 witnesses have already been examined. Prosecution proposes to examine official witnesses within six months subject to cooperation by defence and other systemic delays. Under such circumstances, we are of the opinion this is not a fit case to grant bail to the petitioner at this stage.

4. The application for bail is thus rejected.

5. Trial court is directed to ensure completion of trial at the earliest without granting unnecessary adjournment to either of the parties.

6. Parties shall communicate a copy of this order to the trial court for due compliance.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)