Calcutta High CourtCRM/3452/2021disposed

Amit Sonkar @ Khargosh @Rabbit v. State Of West Bengal

2021-07-26Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

26.07.2021 Ct.32 tgh C.R.M. 3452 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 20/04/2021 in connection with Kharagpur (Town) Police Station Case No. 186 of 2013 dated 13/06/2013 under Sections 395/412 of the Indian Penal Code, 1860 and Sections 25/27 of Arms Act, 1959.

And In the matter of: - Amit Sonkar @ Khargosh @ Rabbit ....petitioner.

Mr. Sunny Nandy, Mr. Purnendu Maity, Mr. Subha Pathak, Mr. Tamal Singha Roy, Mr. Vivek Tripathi ...for the petitioner.

Mr. Swapan Banerjee, Mr. Suman De ...for the State.

The petitioner is one of the several accused persons in a case of alleged dacoity in a bank. The petitioner's prayer for bail was rejected by this Court on February 13, 2018 in C.R.M. 1316 of 2018.

Learned Advocate for the petitioner submits that recording of evidence has been completed and the case is at the argument stage before the learned trial Court. However, the petitioner has been in custody for more than eight years. He prays for bail on behalf of the petitioner.

Learned Advocate for the State vehemently opposes the prayer for bail. The Case Diary is produced and our attention is drawn to statements recorded under Section 164 of the Code of Criminal Procedure including the statements of eye-witnesses.

Be that as it may, since the petitioner's prayer for bail was rejected earlier by this Court and there has not been any apparent change in circumstance since then and also in view of the fact that the case is at the argument stage before the learned trial Court, we are not inclined to allow this application. The prayer for bail is rejected. However, we request the learned trial Court to conclude the proceedings as soon as the business of the Court may permit.

Accordingly, the application for bail being C.R.M. 3452 of 2021 is disposed of.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)