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Calcutta High CourtCRM/4809/2021dismissed

Tapas Saha v. State Of West Bengal

2021-11-09Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

09-11-2021 (ct. no.29) SKB Rejected CRM 4809 of 2021 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Goghat Police Station Case No.

dated 12.03.2018 under Sections 302/201/379/411 of the Indian Penal Code.

- A n d - In the matter of : Tapas Saha .... Petitioner.

Mr. Sabir Ahmed, Miss Sadhana Bhattacherjee, Mr. S. Sarkar, Mr. A. Saha ... For the Petitioner.

Mr. Madhusudan Sir, A.P.P., Mr. Manoranjan Mahata ... For the State.

Petitioner renews the prayer bail.

Learned advocate appearing for the petitioner submits that subsequent to the last order of rejection, the petitioner was served with the necessary documents under Section 207 of the Cr.P.C. He submits that on perusal of such documents, the petitioner cannot be implicated in the incident.

Learned advocate appearing for the State submits that the prosecution came across chance of witnesses. He refers to the statements recorded under Section 161 of the Cr.P.C. He also refers to the seizure list which, according to him, shows that the mobile of the deceased was recovered from the house of the petitioner.

Considering the materials in the case diary and considering the seizure list and considering the fact that there is hardly any

change in circumstances subsequent to the earlier order of rejection, we are unable to grant bail to the petitioner. The application for bail is, accordingly, rejected. There subsists orders requesting expeditious disposal of the trial.

Learned advocate appearing for the petitioner submits that such a direction be reiterated.

The ongoing pandemic is no doubt affecting the functioning of the court. Be that as it may, the jurisdictional court will endeavour to dispose of the trial as expeditiously as possible. ( Debangsu Basak, J. ) ( Ananda Kumar Mukherjee, J. )