Mokbul Ali v. State Of West Bengal

17.06.2022 SL No.49 Saswata Ct.28 (Rejected) CRM (DB) 1819 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Madhyamgram P.S. Case No.

479/2015 dated 20.08.2015 under Sections 302/201/34 of the Indian Penal Code.

And In the matter of: Mokbul Ali ....Petitioner Mr. Iqbal Kabir Mr. Sekhar Burman Mr. Rohit Prasad ...for the Petitioner Ms. Zareen N. Khan Mr. Ashok Das ...for the State.

Report filed in Court today is taken on record. The petitioner is in custody for more than 5 years. It is contended in spite of direction given by this Court in CRM 9270 of 2019, the trial has not been concluded.

Learned lawyer for the State submits trial is in progress and 14 witnesses have been examined.

We have considered the materials on record. There are ample materials connecting the petitioner with the murder. Progress in trial was hindered due to intervening pandemic conditions.

In view of the aforesaid facts, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

However, we direct the trial Court to conclude the trial as expeditiously as possible preferably within a period of 6 months from the next date fixed for recording evidence. Department is directed to communicate a copy of this order to the trial Court for necessary action.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)