← Library
Calcutta High CourtCRM/5336/2021rejected

Bimala Devi @ Bimla Devi Jaiswal @ Kamala Jaiswal v. State Of West Bengal

2021-12-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

07.12.2021 Sl. No.8 akd [Rejected] C. R. M. 5336 of 2021 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.08.2021 in connection with Howrah Women Police Station Case No. 06 of 2017 dated 03.02.2017 under Sections 498A/107/304B/302/34 of the Indian Penal Code. And In Re: Bimala Devi @ Bimla Devi Jaiswal @ Kamala Jaiswal ... ... Petitioner Mr. Achin Jana Mr. Dhananjay Banerjee Mr. Suman Chakraborty Mr. Prasenjit Ghosh ... ... for the petitioner Mr. Madhusudan Sur .. Ld. Addl. Public Prosecutor Md. Kutubuddin ... ... for the State Petitioner renews her prayer for bail. It is submitted on behalf of the petitioner that she is in custody for more than four years. It is further submitted that there is slow progress in the trial of the case. Learned advocate appearing for the State opposes the prayer for bail and submits that the victim made dying declaration before the doctor implicating the petitioner.

We have considered the materials on record. Dying declaration of the victim implicates the petitioner. Under such circumstances and in view of the gravity of the offence, 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 at an early date preferably within six months from the next date fixed before the court below without granting unnecessary adjournment to either of the parties.

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