Nasiran Bibi@ Nasirun Sk v. State Of West Bengal

CRM 4824 of 2021 16.11.2021 court no.

: 28 Item no.

: PB-44 matter : 439 status : REJECTED transcriber : nandy In Re:- An application for Bail under Section 439 of the Code of Criminal Procedure filed on 16.07.2021 in connection with Kandi Police Station Case No. 498 of 2020 dated 14.11.2020 under Sections 325/326/34/302 of the Indian Penal Code. (G.R. Case No. 1624 of 2020) and In the matter of: Nasiran Bibi @ Nasirun Sk.

......Petitioner Mr. Mrityunjoy Chatterjee, Advocate Mr. Md. Golam Nure Imrohi, Advocate Mr. Susnigdho Bhattacharya, Advocate Mr. Sreejeet Basu Roy, Advocate ......for the Petitioner Mr. Rudradipta Nandy, Advocate ......for the State The petitioner has filed the instant application for bail in connection with Kandi Police Station Case No. 498 of 2020 dated 14.11.2020 under Sections 325/326/34/302 of the Indian Penal Code.

Learned Advocate for the petitioner submits that the petitioner is languishing in jail for more than 300 days in connection with the aforementioned case. It is submitted that there is no chance of immediate trial to commence although chargesheet has been submitted but charges have not been framed.

The State opposes the prayer for bail. It is submitted that eyewitnesses have disclosed the name of the petitioner along with other co-accused who have been actively involved in the commission of an offence which led to the death of the deceased. After hearing the learned Counsel for the parties and on perusal of the materials-on-record including the statement of the eyewitnesses, we find that the materials have been disclosed

attributable to the conduct of the petitioner in commission of such offence and, therefore, it is not a fit case where the petitioner should be enlarged on bail.

As such, the prayer for bail is rejected.

The application for bail being CRM 4824 of 2021 is thus dismissed.

However, we request the trial Court to take utmost efforts to commence the trial and bring to its logical conclusion at an earliest.

(Harish Tandon, J.) (Rabindranath Samanta, J.)