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Calcutta High CourtCRM (DB)/1608/2023rejected

Farzana Khatoon v. State Of West Bengal

2023-04-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

21.04.2023.

39.

Ct.No.28 as (Rejected) C.R.M. (DB) 1608 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hirapur P. S. Case No.316 of dated 25.10.2021 under Sections 186/332/353/120B of the Indian Penal Code read with Sections 25(1)(a)/1(b)(a)(C)/6/7(1)/8/26/27(1)/29(a)(b) of the Arms Act.

In the matter of : Farzana Khatoon.

... Petitioner.

Mr. Avik Ghatak, Mr. Saibal Kr. Dasgupta. ...for the Petitioner. Mr. Swapan Banerjee, ld. SGA, Mr. Anindya Sundar Chatterjee. ...for the State. Petitioner is a lady. It is contended she did not play any role in the crime. She is in custody for over 500 days. She prays for bail.

Learned Senior Government Advocate for the State opposes the bail prayer.

We have considered the materials on record. Statements of witnesses show petitioner played a vital role in preventing the police personnel from entering into house, recovering fire arms and arresting the offenders. Police personnel suffered injuries. Date has been fixed for recording evidence. In view of the aforesaid circumstances and nature of the crime, we are of the opinion this is not a fit case to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioner is rejected.

We request the trial court to fix schedules at regular intervals and conclude the trial at an early date preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

Parties shall communicate the order to the trial court for due compliance.

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