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Calcutta High CourtCRM (DB)/1832/2023rejected

Pabitra Sarkar v. State Of West Bengal

2023-05-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

08.05.2023 sdas rejected C.R.M. (DB) No. 1832 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhantala Police Station Case No. 352 of 2015 dated 17.10.2015 under Sections 498A/304B/302 of the Indian Penal Code.

And In Re : Pabitra Sarkar ..... petitioner Ms. Sananda Bhattacharyya ... for the petitioner Mr. S. G. Mukherji, learned PP Mr. Partha Pratim Das Mrs. Manasi Roy ... for the State Learned Counsel for the petitioner submits he is in custody for more than seven years. He prays for bail on the ground of delay.

Learned Counsel for the State opposes the prayer for bail and submits trial is at its matured stage. Only investigating officer is left to be examined.

We have considered the materials on record. Evidence of witnesses prima facie implicate the petitioner in the murder of his wife. Offence if proved it would attract life imprisonment. Hence, we are not inclined to grant bail to him. The application for bail is, thus, rejected.

Trial court is directed to expedite the trial and conclude the same at an early date preferably within six months from the

next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. Parties shall communicate the order to the trial court for necessary compliance.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)