Nayan Pal @Prabir Pal v. State Of West Bengal

(Via Video Conference) 28.07.2021 CRM 3184 of 2021 Court No. 28 Item No. PB - 21 nandy In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 07.04.2021 in connection with Katwa Police Station Case No. 355 of 2019 dated 18.07.2019 under Sections 302/34/120B of the Indian Penal Code. (G.R. Case No. 610 of 2019) and In the matter of: Nayan Pal @ Prabir Pal ...... Petitioner Mr. Anirban Mitra, Advocate Mr. Sunil Kumar De, Advocate Mr. Saberi Saha, Advocate Mr. Amit Halder, Advocate ......for the Petitioner Mr. Neguive Ahmed, Advocate Mr. Md. Anwar Hossain, Advocate Ms. Amita Gaur, Advocate ...... for the State (bail - rejected) Advocate-on-record of the petitioner undertake to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.

The petitioner has filed the instant application for bail in connection with Katwa Police Station Case No. 355 of 2019 dated 18.07.2019 under Sections 302/34/120B of the Indian Penal Code. The petitioner is in custody for the last 740 days in connection with the afore-mentioned case. The case has committed to trial and in fact, chargesheet has been submitted and charges have been framed. Despite the same, not a single witness has been examined as yet.

After perusal of the materials-on-record, we are of the opinion that it is not a fit case where the accused should be enlarged on bail.

Hence, the prayer for bail is rejected.

The application being CRM 3184 of 2021 accordingly dismissed.

However, we direct the trial Court to fix a date for recording evidence of the chargesheeted witnesses which should not be beyond one month from the date of communication of this order and thereafter, to fix a date under Section 309 of the Code of Criminal Procedure to bring the case to its logical end as early as possible. (Harish Tandon, J.) (Bibek Chaudhuri, J.)