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Calcutta High CourtCRM/4349/2021rejected

Rajiv Mahato v. State Of West Bengal And ORS.

2021-08-24Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

46.

24-08-2021 (ct. no.32) debajyoti CRM 4349 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jorabagan Police Station Case No.68 of 2017 dated 02-06-2017 under Sections 120B/395/397 of the Indian Penal Code and Sections 25(1B)(a)/27 of Arms Act.

- A n d - In the matter of : Rajiv Mahato .... Petitioner.

Ms. Rimpy Mukherjee ... For the Petitioner.

Mrs. Zareen N. Khan, Mrs. Sreeparna Das ... For the State.

The petitioner's prayer for bail was rejected twice by this Court, firstly on March 19, 2019 in CRM 2840 of 2019 and secondly, on January 06, 2020 in CRM 53 of 2020. The charge is of dacoity. The petitioner was identified in the TI Parade. The material in the Case Diary reveals prima facie involvement of the petitioner in the alleged offence.

The State says that trial is in progress. Fifteen witnesses remain to be examined.

In view of the prima facie involvement of the petitioner in the alleged offence and the two earlier rejections of his prayer for bail, we are not inclined to allow this application.

The application for bail being CRM 4349 of 2021 is, thus, dismissed.

The petitioner has been in custody for about four years. In that view of the matter, we request the learned trial Court to make all efforts to bring the trial to its logical conclusion at the earliest and preferably, within a period of one year from date.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )