Sahad Ali Mandal @ Sahad Ali Mondal And ANR. v. State Of West Bengal
25.04.2024 sdas rejected C.R.M.(NDPS) No. 717 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 502 of 2022 dated 18.04.2022 under Sections 21(c )/29 of the NDPS Act.
And In Re : Sahad Ali Mandal @ Sahad Ali Mondal & Anr. .... Petitioners Mr. Abhra Mukhrjee Mr. Sauradeep Dutta ....for the petitioners Mr. Kunal Ganguly ...... for the State
1. Learned Counsel for the petitioners submits they are in custody for more than two years. It is also submitted they have been falsely implicated. There is delay in trial. Accordingly, they pray for bail.
2.
Learned Counsel for the State opposes the bail prayer and submits five out of eight witnesses have been examined.
3.
We have considered the materials on record. 10,000 pieces of Yaba Tablets containing Methamphetamine were recovered from the petitioner.
Trial has substantially progressed. Five out of eight witnesses have been examined. Prosecution assures this Court to conclude the trial within six months from the next date fixed for recording evidence subject to co-operation by defence and systemic reasons. Under such Signed By :
SHANTANU DAS High Court of Calcutta 26 th of April 2024 03:14:30 PM
circumstances we are not inclined to grant bail to the petitioners at this stage.
4.
Application for bail is, thus, rejected.
5.
Trial court is directed to conduct the trial with utmost expedition and conclude the same at an early date in the light of the assurance given by the prosecution. 6.
Parties shall co-operate with the trial and communicate this order to the trial court for due compliance. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
SHANTANU DAS High Court of Calcutta 26 th of April 2024 03:14:30 PM