Madhusudan Ghosh @ Madhu And ANR. v. State Of West Bengal
06.05.2024 sdas rejected C.R.M.(DB) No. 1340 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 32 of 2018 dated 01.02.201823 under Sections 302/201/120B of the Indian Penal Code.
And In Re : 1. Madhusudan Ghosh @ Madhu
2. Jagannath Denre @ Jaganath Denre @ Tumpa ..... petitioners Mr. Sourav Chatterjee Mr. Achintya Tiwari ....for the petitioners Mr. Rudradipta Nandy, learned APP Mr. Saibal Krishna Dasgupta ... for the State 1.
Learned Counsel for the petitioners submits coaccused Srikanta Sarkar has been enlarged on bail. Petitioners are in custody for over three years. They pray for bail. 2.
Learned Counsel for the State opposes the bail and submits Srikanta Sarkar does not stand on the same footing with the petitioners against whom there is direct evidence of murder. Trial is in progress.
3.
We have considered the evidence on record.
Evidence shows petitioners were present at the spot and committed the murder. Complicity of co-accused Srikanta Sarkar was based on an audio-visual clipping which was uploaded on a streaming platform. Individuals to whom the alleged extra-judicial confession was made had not been examined. Noting this circumstance, Srikanta Sarkar was Signed By :
SHANTANU DAS High Court of Calcutta 7 th of May 2024 05:46:44 PM
enlarged on bail. Petitioners stand on a different footing from him. Evidence adduced by prosecution shows they are the principal offenders who committed the murder. Trial is in progress. Offences, if proved, would attract mandatory life imprisonment. Under such circumstances, we are not inclined to grant bail to the petitioners.
4. Application for bail is, thus, rejected. 5.
Trial court is directed to conduct the trial by fixing two to three days schedule at short intervals and conclude the same at an early date preferably within two years from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
SHANTANU DAS High Court of Calcutta 7 th of May 2024 05:46:44 PM