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Calcutta High CourtCRM (DB)/1160/2022dismissed

Sk Jamir Hossain @ Sk Chandu And ANR v. State Of West Bengal

2022-05-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

02.05.2022 Serial no.53 [Dd] (Bail Rejected) CRM (DB) 1160 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with G. R. Case No. 773 of 2020 arising out of Arambagh Police Station Case No. 295 of 2020 dated 07.08.2020 under Sections 341 /325 /326 /307 /302 / 379/427/506/34 of the Indian Penal Code and Sections 3/ 4 of the Explosive Substance Act.

-AndIn the matter of : Sk. Jamir Hossain @ Sk. Chandu & Anr. ... ...Petitioners Mr. Sabir Ahmed, Mr. Apan Saha, Mr. Shraman Sarkar, Advocates ... ... For the Petitioners Mr. Swapan Banerjee, Mr. Suman De, Advocates ... ...For the State Mr. Niladri Sekhar Ghosh, Mr. Mujibar Ali Naskar, Ms. Srimoyee Mukherjee, Ms. Sompurna Chatterjee, Advocates ... ...For the de facto complainant Petitioners renew the prayer for bail.

Learned advocate appearing for the petitioners submits that this is the third application for bail. The case is yet to be committed and, therefore, the question of the trial commencing let alone being disposed of expeditiously does not arise.

Learned advocate appearing for the State draws the attention of the Court to the last order of rejection. Learned advocate appearing for the de facto complainant submits that one of the co-accuseds is

absconding and against whom there is warrant of proclamation of arrest pending.

The petitioners are in custody in excess of 1 year 7 months. Another co-accused is yet to be arrested and produce before the Court.

Considering the materials in the case diary implicating the petitioners as noted in the earlier orders of rejection of the petitioners, there is hardly any material change in circumstances warranting this Hon'ble Court to grant bail. Consequently, we are not inclined to grant bail to the petitioners.

Prayer for bail of the petitioners is rejected. CRM (DB) 1160 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)