Hafijul Sk. @ Hafij @ Md. Hafijul Islam v. State Of West Bengal
10.09.2020 SL No.10 Ar/pk CRM 6380 of 2020 With CRAN/1/2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 322 of 2018 dated 12.07.2018 under Sections 489B/489C of the Indian Penal Code.
And In the matter of: Hafijul Sk. @ Hafij @ Md. Hafijul Islam ....Petitioner.
Mr. F. Hossain ...for the Petitioner.
Mr. S. S. Imam, Mr. S. Roy ...for the State.
Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing. Accordingly, the application being CRAN 1 of 2020 is disposed of.
The learned advocate for the petitioner submits the petitioner is in custody for more than 2 years and there has been no progress in the trial, in spite of directions of this Court. The learned advocate for the State opposes the prayer for bail and submits that the questionable currency was recovered from the possession of the present petitioner.
We have taken into account the submissions of both the parties and also the materials on record, we are of the opinion that the present case do not inspire our confidence to release the petitioner on bail.
As such, the prayer for bail is rejected.
However, taking into account the period of detention of the present petitioner, we direct the learned CJM, Murshidabad to expedite the trial of the case after the resumption of the normal function of the Court. To that effect, the learned Magistrate would be at liberty to direct the I. O. of the case to be present and fix schedule at regular interval so that within a reasonable period of time the trial of the case can be concluded.
Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. 6380 of 2020 is, thus, disposed of.
(Samapti Chatterjee, J.) (Tirthankar Ghosh, J.)