Rabin Das v. The State Of West Bengal And ANR

24.06.2024 Item no.06.

Court No.28.

S. De (Rejected) CRM (DB) No. 1570 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure.

And In the matter of : Rabin Das.

......Petitioner.

Mr. Santanu Deb Roy, Mr. D. Guha, ......for the Petitioner.

Mr. Rana Mukherji, Ld. APP, Ms. Debadrita Mondal, ...for the State.

The petitioner renews his prayer for bail which was earlier rejected by a Co-ordinate Bench by an order dated May 3, 2023, passed in CRM (DB) 1769 of 2023.

While rejecting the prayer for bail, the Co-ordinate Bench requested the Trial Court to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties. However, we are told that after the aforesaid order was passed, only two out of fifteen witnesses have been examined. This is no expedition. The petitioner is in custody for one year and seven months.

However, since the charge is serious and the material in the case diary, prima facie, incriminates the petitioner, we are not inclined to allow this application for bail, at this stage. CRM (DB) 1570 of 2024 is dismissed.

Signed By :

SANDIP DE High Court of Calcutta 25 th of June 2024 05:43:36 PM

We direct the learned Trial Court to spare no effort to expedite the trial so that the same is brought to an early conclusion and definitely within a period of one year from the next date fixed for recording of evidence.

We clarify that in the event the trial is not concluded within the time period indicated above, the petitioner would be at liberty to renew his prayer for bail.

Let this order be communicated by the parties to the learned Trial Court.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)