← Library
Calcutta High CourtCRM/2606/2021dismissed

Sk. Faruk Ali v. State Of West Bengal And ORS.

2025-03-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

D/L34-39 03.03.2025 Rohit ct.no.26 C.R.M. 2134 of 2021 With C.R.M. 2128 of 2021 With C.R.M. 2142 of 2021 With C.R.M. 2605 of 2021 With C.R.M. 2606 of 2021 With C.R.M. 2607 of 2021 In Re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973 in connection with Keshpur Police Station Case No. 228 of dated 18.09.2020 under sections 147/148/149/326/307/302 of the Indian Penal Code read with Sections 3 & 4 of the Explosive Substances Act, 1908.

And In Re: Sk. Faruk Ali

...Petitioner

Defacto Complainant Mr. A.K. Usmani Mr. N. Ahmed Mr. Sk. T. Islam ...for the petitioner Ms. Amita Gaur ...for the State Mr. P. Bhattacharya ...for the OP No.2 1.

Six applications for cancellation of bail are taken up for analogous consideration as they relate to the same police case.

2.

Learned jurisdictional court proceeded to grant bail to the accused considering the period of detention of the accused.

3.

There is hardly any progress at the trial subsequent to the order dated December 23, 2020. Charges are yet to be framed as informed to us. Justification for non-framing of charges is absconsion of certain co-accused.

4.

Possibility of the trial concluding any time in the near future does not exists.

5.

In such circumstances, we do not find any perversity in the order of the learned jurisdictional court in granting bail to the accused requiring our interference.

6.

In such circumstances, C.R.M. No. 2134 of 2021, C.R.M. No. 2128 of 2021, C.R.M. 2142 of 2021, C.R.M. 2605 of 2021, C.R.M. No. 2606 of 2021 and C.R.M. No. 2607 of 2021 are dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)