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Calcutta High CourtCRM/4832/2021rejected

Shyamal @ Panchkari Majhi v. The State Of West Bengal

2021-12-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

08.12.2021.

12.

as (Rejected) C.R.M. 4832 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Belur P.S. Case No.143 of 2018 dated 28.09.2018 under Sections 302/201 of the Indian Penal Code.

In the matter of : Shyamal @ Panchkari Majhi.

...Petitioner.

Ms. Ayana Dey.

...for the Petitioner.

Mr. Neguive Ahmed, Ld. A.P.P., Ms. Trina Mitra.

...for the State.

Heard the learned Advocates appearing for the petitioner and the State.

Petitioner submits he is in custody for more than three years. It is also submitted there is no progress in the matter before the trial court.

Learned Advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Petitioner had murdered his wife. He concealed the body in a abandoned well.

In view of the aforesaid incriminating materials and the gravity of the offence, we are not inclined to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected.

However, bearing in mind the protracted period of detention, we direct the trial court to conclude the trial at an

early date preferably within one year from the next date fixed before it for recording evidence without granting unnecessary adjournment to either of the parties.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)