← Library
Calcutta High CourtCRM (DB)/1466/2023rejected

Pintu Shaw @ Pintu Kumar Shaw v. State Of West Bengal

2023-04-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

20.04.2023.

18.

Ct.No.28 as (Rejected) C.R.M. (DB) 1466 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhadreswar P. S. Case No.461 of 2014 dated 22.12.2014 under Section 302 of the Indian Penal Code and under Sections 25/27 of the Arms Act and charge sheet submitted under Section 302 of the Indian Penal Code.

In the matter of : Pintu Shaw @ Pintu Kumar Shaw. ... Petitioner.

Mr. Suman Chakraborty.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Jonaki Saha.

...for the State.

Heard the learned Advocates for the parties.

Report is placed on record. From the report, it appears that in course of trial, the defence lawyer did not appear and withdrew himself from the case. Trial Judge was constrained to refer the matter to the Sub Divisional Legal Services Committee to provide legal assistance to the petitioner. Before us, petitioner is represented by a lawyer.

Under such circumstances, we are at a loss why the defence lawyer suddenly withdrew from the trial proceeding. This appears to be a calculated move to delay the trial. We do not appreciate such stance.

Under such circumstances, we are not inclined to grant bail to the petitioner on the ground of delay. Accordingly, the prayer for bail of the petitioner is rejected.

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