Sentu Sk @ Mahatadin Sk And ANR v. State Of West Bengal

56.

28-09-2021 (ct. no.32) debajyoti CRM 4577 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kandi Police Station Case No.320 of 2019 dated 06-08-2019 under Sections 302/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act.

- A n d - In the matter of : Sentu Sk. @ Mahatadin Sk. & Anr. .... Petitioners.

Ms. Minoti Gomes, Mr. Md. Hafiz Ali ... For the Petitioners.

Mr. Neguive Ahmed, learned APP, Ms. Trina Mitra ... For the State.

Mr. Jisan Iqubal Hossain ... For the defacto complainant.

The petitioners are two out of six accused persons. Four of the accused persons including these petitioners were initially discharged. Thereafter, pursuant to an order passed by a learned Single Judge of this Court in a revisional application, notice under Section 319 of the Code of Criminal Procedure was issued to these petitioners. Thereafter, these petitioners surrendered and have been in custody for 251 days.

We are told that witness action is in progress. Three out of sixteen witnesses have been examined. We have seen the evidence of the three witnesses, at least one of whom is an eyewitness. Prima facie, the role of the present petitioners in the alleged offence is apparent.

On an overall assessment of the material on record and the nature and gravity of the offence, we are not inclined to entertain the petitioners' prayer for bail, at this stage.

However, we request the learned trial Court to expedite the trial to the extent possible and bring the same to an early conclusion as the business of the court may permit and preferably, within one year from date.

The application for bail being CRM 4577 of 2021 is, thus, dismissed.

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