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Calcutta High CourtCRM/4643/2021dismissed

Sabnam Khatoon @ Sabbo Khatoon @ Madhuri v. State Of West Bengal

2021-09-21Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

21.09.2021 Item no. 84 Court No.32.

S.De.

(Rejected) (Via Video Conference) CRM 4643 of 2021 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.07.2021 in connection with New Market Police Station Case No. 322 of 2012 dated 16.07.2012 under Sections 302/34 of the Indian Penal Code. And In the matter of : Sabnam Khatoon @ Sabbo Khatoon @ Madhuri.

......Petitioner.

Mr. Syed Shahid Imam, Advocate, Md. Khairul, Advocate, ......for the Petitioner.

Mr. Madhusudan Sur, Ld. A.P.P., Mr. Dipankar Pramanick, Advocate, ......for the State.

This is the fifth time that the petitioner has approached this Court with her prayer for bail. The last rejection of her prayer was on 18.08.2020 in CRM 5306 of 2020. The allegation against the petitioner is that she poured kerosene on her husband and set him on fire. The husband died.

We have seen the material in the case diary. There is a dying declaration of the husband naming the petitioner as the person who set him on fire. The petitioner was identified in the T.I. parade. The trial is in progress. About fifty per cent of the witnesses have been examined.

In view of the prima facie incriminating material against the petitioner and the nature and gravity of the charge, and also keeping in view that four times the petitioner's prayer has been rejected by this Court, we are not inclined to grant bail to the petitioner, at this stage.

Accordingly, CRM 4643 of 2021 is dismissed.

However, considering that the petitioner is in custody for about nine years, we request the learned Trial Court to make all possible efforts to expedite the trial and bring the same to its logical conclusion as early as possible and preferably, within a period of fifteen months from date. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)