Asbab Sk @ Ayatullah Sk And ANR v. State Of West Bengal

21.03.2023 Sl. No.32 akd [Rejected] C. R. M. (DB) 993 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.03.2023 in connection with Kaliachak Police Station Case No.496 of 2017 dated 04.07.2017 under Sections 395/397/412 of the Indian Penal Code read with Sections 27/35 of the Arms Act.

And In Re: Asbab Sk. @ Ayatullah Sk. & Anr.

... ... Petitioners Mr. Rana Mukhopadhyay ... ... for the petitioners Mr. Neguive Ahmed .. ld. Addl. Public Prosecutor Mr. Iqbal Kabir ... ... for the State It is submitted on behalf of the petitioners that they are in custody for about five years and six months. It is further submitted there is inordinate delay in trial.

Learned Additional Public Prosecutor opposes the prayer for bail and submits trial is at its fag-end. Date has been fixed for examination of the investigating officer.

We have considered the materials on record. There are materials implicating the petitioners in the dacoity. Trial is at its fag-end. Hence, we are not inclined to grant bail to the petitioners at this stage. The application for bail is thus rejected.

Trial court is directed to expedite the trial and conclude the same at an early date preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

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