Bappa Ghosh @ Barka v. State Of West Bengal

11.05.2023.

50.

Ct.No.28 as (Rejected) C.R.M. (DB) 1885 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tangra P. S. Case No.109 of dated 11.05.2018 under Sections 302/307/120B/379/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act.

In the matter of : Bappa Ghosh @ Barka.

... Petitioner.

Mr. Kallol Mondal, Mr. Krishan Ray, Mr. Souvik Das, Mr. Shamsher Ansari, Mr. Ayan Mondal.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Mr. Amita Gaur.

...for the State.

Petitioner is in custody for more than five years. He submits there is slow progress in trial. He renews his bail prayer.

Learned Advocate for the State opposes the bail prayer. He submits report with regard to the delay in trial. We have considered the materials on record. Though four witnesses have been examined, a substantial portion of the delay is due to protracted cross-examination of the said witnesses.

Keeping in mind the aforesaid fact and seriousness of the crime involving death of a person and life threatening injury on another, we are not inclined to grant bail to the petitioner at this stage.

Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

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

We request the trial court to conduct the trial by fixing regular schedules and conclude the same preferably within two years from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)