Safikul Islam@Buro v. State Of West Bengal

rkd 14.12.2020 Ct. No. 28 C.R.M. 2747 of 2020 (Through Vide Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Shantiniketan P.S. Case No. 139 of 2018 dated 01/12/2018 under Sections 302 of the Indian Penal Code.

And In the matter of: - Safikul Islam @ Buro ....petitioner.

Mr. S. Ahmed, Mr. S. Sarkar ...for the petitioner.

Mr. R. R. Chowdhury, Mr. M. Gupta ...for the State.

Petitioner is in custody for more than a year. It is contended that there is delay in trial.

Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that delay was due to prevailing pandemic condition.

We have considered the materials on record. Statements of witnesses prima facie implicate the petitioner in the alleged crime. Delay in trial is not attributable to the prosecution but due to prevailing pandemic condition. Hence, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

Trial court is, however, directed to conduct the trial on a day to day basis and conclude the same at an early date preferably within six months from the date fixed for recording of

evidence without granting unnecessary adjournment to either of the parties.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)