Saidul Sk @ Chottu @ Saidul Sekh v. State Of West Bengal

05.06.2023 tkm/ct 28 C.R.M. (DB) 2072 of 2023 sl no.36 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kolkata Leather Complex PS case no. 109 of 2021 dated 15.10.2021 under sections 302/201/34 IPC And In Re : Saidul Sk @ Chottu @ Saidul Sekh ........ petitioner Mr. N Basu Mr. S Biswas ...... for the petitioner Mr. M Sur Mr. M Mahata ...... for the State Mr. N. S Ghosh Ms. S Chatterjee Mr. S Mondal ...... for the de facto complainant Petitioner is in custody for 574 days. He submits there is delay in trial. He renews his bail prayer.

Learned lawyer for the State submits that defence has made an application for adjournment of cross-examination of the witnesses under section 231 Cr.P.C which had resulted in delay. We have considered the materials on record. There are incriminating circumstances implicating the petitioner in the murder. His bail prayer was rejected earlier on merits. Defence has made an application for adjournment of cross examination of witnesses under section 231 Cr.P.C. Approach of the defence contributes to delay in trial.

Under such circumstances and in view of the gravity of offence, we are not inclined to grant bail to the petitioner. Accordingly, prayer for bail is rejected.

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