Ata Sha @ Ataulla Sha v. State Of West Bengal

08.06.2022.

74.

Ct.No.28 as (Rejected) C.R.M. (DB) 1496 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Panchla P. S. Case No.96 of dated 10.05.2020 under Sections 498A/302/315/34 of the Indian Penal Code.

In the matter of : Ata Sha @ Ataulla Sha.

... Petitioner.

Md. Ashraf Ali.

...for the Petitioner.

Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. Neguive Ahmed, ld. A.P.P., Ms. Trina Mitra.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for more than two years. It is submitted that there is slow progress in the matter and the case has not yet been committed to sessions trial. Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record including the dying declaration of the victim implicating the petitioner in the murder. Delay in trial due to abscondance of co-accuseds who are relations of the petitioner.

In view of the gravity of the offence and the aforesaid attending circumstances of the case, we are not inclined to grant bail to the petitioner.

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

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)