Achat Ali Molla & ORS. v. State Of West Bengal

rkd 22.12.2020 Ct. No.28 C.R.M. 3686 of 2020 (IA NO: CRAN 1 of 2020 (old CRAN 1958 of 2020) (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Haroa P.S. Case No. 44 of dated 04/02/2017 under Sections 341/326/307/302/34 of the Indian Penal Code.

And In the matter of: - Achat Ali Molla & Ors.

....petitioners.

Mr. S. Lahiri ...for the petitioners.

Mr. N. Ahmed, Mr. B. Panda ...for the State.

Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

Petitioners are in custody for more about three and half years. It is further submitted that petitioner no.1 is suffering from ailments.

Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that trial is in progress. We have considered the materials on record. There are statements implicating the petitioners in the alleged crime. Trial is in progress. Accordingly, in view of the gravity of the offence

and prima facie involvement of the petitioners, we are not inclined to grant bail to the petitioners.

The application for bail is, thus, rejected.

Trial court is, however, directed to expedite the trial and conclude the same as expeditiously as possible preferably within a year from the next date fixed before the said court for recording evidence without granting unnecessary adjournment to either of the parties.

Medical attention, if necessary, be extended to the petitioner no.1.

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