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Calcutta High CourtCRM/3335/2020disposed

Tafajjel Hossain Mondal@Tafajjel Mondal@Tofajel Molla v. State Of West Bengal

2021-05-20Hon'Ble Justice Soumen Sen,Hon'Ble Justice Suvra Ghosh2 pages

20.05.2021 tkm/ct 28 C.R.M. 3335 of 2020 CRAN 1686 of 2020 sl no. 82 (Via video conference) In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Basirhat P.S Case no. 607 of 2015 dated 1.6.2015 under sections 302/201/120B/34 of the IPC And In Re : Tafajjel Hossain Mondal @ Tafajjel Mondal @ Tofajel Molla @ Tofajel Mondal @ Tofajjel Mondal ........ petitioner Mr. D Samanta ...... for the petitioner Mr. N Ahmed Md. Anwar Hossain Mr. Benajir Hasna ...... for the State It is submitted on behalf of the petitioner that he is in custody for little over five years and trial has not been completed as yet.

The State refers to the memo of evidence and opposes the prayer for bail.

Having considered the materials on record disclosing prima facie involvement of the petitioner in the alleged crime and bearing in mind the gravity of offence, we are of the opinion that this is not a fit case to grant bail to the petitioner at this stage. Accordingly, the prayer for bail is rejected. However, considering the protracted period of detention suffered by the petitioner, we direct the trial court to expedite the trial and conclude the same as expeditiously as possible preferably within one year from the next date fixed before the trial court

without granting unnecessary adjournments to either of the parties.

In the event the trial is not concluded within the stipulated period of time for reasons not attributable to the petitioner, the petitioner shall be at liberty to renew his prayer for bail. CRAN 1686 of 2020 is disposed of.

(Suvra Ghosh, J.) (Soumen Sen, J.)