Calcutta High CourtCRM(M)/1305/2026dismissed

Kishan Kumar Shaw v. State Of West Bengal

2026-06-11Hon'Ble Justice Tirthankar Ghosh2 pages

11.06.2026 Court No.35.

D/L. 83.

Kausik (Rejected) CRM (M) 1305 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Rahara Police Station Case No. 140 of 2022 dated 06.05.2022 under Sections 302/34 of the Indian Penal Code and 25/27 of Arms Act. And In the matter of : Kishan Kumar Shaw ......Petitioner.

Mr. Debasis Kar Ms. Suhana Parvin ......for the Petitioner.

Mr. Utsav Dutta ......for the State.

Learned advocate appearing for the petitioner submits that he is in custody for about 4 years and till date the trial has not been concluded in spite of directions passed by this Court. Learned advocate for the State draws the attention of the Court to the order dated 08.04.2026 wherein it has been specifically observed that some of the accused persons have been stretching the time of cross-examination.

The Investigating Officer is already on dock, but the presiding officer is on leave.

I have taken into account the overall circumstances of the case. Having regard to the nature of the offence and the advance stage of the case, at this stage, it will not be fit and proper to assess regarding the truth, genuinity as also veracity

of the materials which surfaced in course of time. In case the presiding officer is not available, all efforts would be taken by the incumbent judicial officer to conclude the evidence of the prosecution without granting unnecessary adjournment to any of the accused persons (as cross-examination is in progress) and to complete the same preferably within a reasonable time after joining Court.

At this stage, I am not inclined to release the petitioner on bail.

Accordingly, CRM (M) 1305 of 2026 is dismissed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)