Sk Mahibul Islam v. State Of West Bengal

05.04.2023 Sl. No.52 akd [Rejected] C. R. M. (DB) 1364 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30.03.2023 in connection with Daspur Police Station Case No.93 of dated 09.03.2022 under Sections 302/201/397/411/120B of the Indian Penal Code and subsequently charge sheet submitted under Sections 302/201/394/397/411/120B of the Indian Penal Code.

And In Re: Sk. Mahibul Islam ... ... Petitioner Mr. Prithish Badyopadhyay ... ... for the petitioner Mr. Neguive Ahmed .. ld. Addl. Public Prosecutor Ms. Trina Mitra ... ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. There are materials implicating the petitioner in the murder. Date has been fixed for consideration of charge. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage. The application for bail is thus rejected.

Trial court is directed to consider the issue of framing of charge at the earliest and in the event charge is framed, to take the proceeding to its logical conclusion without granting unnecessary adjournment to either of the parties.

Parties shall communicate a copy of this order to the trial court for due compliance.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)