Monirul Islam Molla @ Md Monirul Islam Molla @ Bablu @ Babla v. State Of West Bengal

17.05.2023.

35.

Ct.No.28 as (Rejected) C.R.M. (DB) 1962 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Burtolla P. S. Case No.123 of 2017 dated 01.06.2017 under Sections 302/394 of the Indian Penal Code.

In the matter of : Monirul Islam Molla @ Md. Monirul Islam Molla @ Bablu @ Babla.

... Petitioner.

Mr. Sahid Uddin Ahmed, Mr. Anupam Bar.

...for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P., Mr. Manoranjan Mahata.

...for the State.

Petitioner is in custody for more than five years. He submits there is delay in trial. He renews his bail prayer. Learned Advocate for the State opposes the bail prayer. He submits trial is at its fag end. Examination of the Investigating Officer is fixed in the month of June, 2023. We have considered the materials on record. There are materials implicating the petitioner in the murder. Offence, if proved, would attract life imprisonment. Trial is at its fag end. Hence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

We request the trial court to complete the examination of the Investigating Officer in the month of June, 2023 and complete the trial positively within six months from the next

date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

Parties shall communicate this order to the trial court for due compliance.

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