Jayanti Mahato @ Dewanti Mahato v. State Of West Bengal

22.04.2022 Serial no.75 KS CRM(DB) 1063 of 2022 In re: An Application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No.526 of 2018 dated November 28, 2018 under Sections 328/272/273/304/34 of the Indian Penal Code and 46AA/46B of the Bengal Excise Act. -And- In the matter of: Jayanti Mahato @ Dewanti Mahato Ms. S. Bhattacharya .....for the Petitioner Mr. S. Ghosh Mr. B. Banerjee .....for the State Petitioner prays for bail.

Learned advocate for the petitioner submits that out of 13 accused persons 11 were enlarged on bail either by this Hon'ble Court or by the jurisdictional Court. She submits that the petitioner is in custody excess of three years four months. The trial is unlikely to be concluded any time soon. Learned advocate appearing for the State submits that 40 persons died after consuming spurious liquor. He refers to the materials in the case diary. Considering the gravity of the offence and involvement of the petitioner therein as it transpires from the Case Diary and considering the fact that there is no change of circumstances subsequent to the earlier order of rejection on merits, we are unable to grant bail to the petitioner. The application for bail is, accordingly, rejected. CRM(DB) 1063 of 2022 is dismissed.

(Debangsu Basak, J.)

(Bibhas Ranjan De, J.)