Sajahan Ali @ Jiru @ Jiarul v. State Of West Bengal

23.09.2020 pg.

CRM 3094 of 2020 with IA No. CRAN 1 of 2020 (CRAN 1483 of 2020) (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Lalgola P.S. Case No.199 of 2017 dated 02.05.2017 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Sajahan Ali @ Jiru @ Jiarul ....Petitioner Mr. Sabir Ahmed ...for the Petitioner Mr. N. Ahmed Mr. Anowar Hossain Ms. Z.N. Khan ...for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The previous rejection of the prayer was in January, 2020. This subsequent petition was taken up on April 21, 2020 and directed to appear before the regular Bench in the monthly list of July, 2020 as it was perceived then that the lockdown and the effect of the pandemic were only going to be for a temporary period. The trial has commenced but, quite understandably, it has not been possible to continue with the trial for the last six months or so. Though the petitioner seeks to raise grounds on the merits of the

matter, in view of the previous rejection in January, 2020 and the order passed on April 21, 2020, the merits of the matter cannot be gone into at this stage.

CRM 3094 of 2020 and the interim application therein are disposed of by declining the prayer for bail and leaving it open to the petitioner to apply in future in the event the trial is delayed despite normal functioning of court having resumed.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)