Tumpa Majhi And ANR v. State Of West Bengal

05.06.2023 sdas rejected C.R.M.(DB) No. 2063 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Taldangra Police Station Case No. 37 of 2021 dated 18.05.2021 under Sections 302/120B of the Indian Penal Code.

And In Re : Tumpa Majhi & Anr. .... petitioners Mr. Arkoprobho Ray ....for the petitioners Mr. Saswata Gopal Mukherji, learned PP Mr. Partha Pratim Das Mrs. Manasi Roy .... for the State Learned Counsel for the petitioners submits they are in custody for about two years. It is also submitted there is delay in trial. They renew their bail prayer.

Learned Counsel for the State opposes the prayer for bail.

We have considered the materials on record. Victim made dying declaration which was videographed by PW 2. Said incriminating evidence has been placed on record. Other vital witnesses are yet to be examined. Allegations against the petitioners are grave and would attract life imprisonment if proved.

Under such circumstances and as vital witnesses are yet to be examined, we are not inclined to grant bail to the petitioners.

The application for bail is, thus, rejected.

Trial court is directed to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties.

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

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