Kamalesh Mahato @ Mahato @ Kamalesh @ Roy v. State Of West Bengal

29.03.2022 C.R.M. 5631 of 2021 (AD) Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with S.T. No.01(09)14/S.C No.21(07)14 arising out of Mahestala P.S. Case No.210 of 2014 dated 20/03/2014 under Sections 498A/307/34 of the Indian Penal Code and adding Section 302 of the Indian Penal Code.

And (Rejected) In the matter of: Kamalesh Mahato alias Mahato alias Kamalesh alias Roy ....petitioner.

Mr. Shashanka Shekhar Saha ...for the petitioner.

Mr. Neguive Ahmed, Ld. APP Ms. Amita Gaur ... for the State.

Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that the petitioner is languishing in jail without the trial concluding any time soon.

Learned Additional Public Prosecutor submits that the trial is at the stage of recording the statement of the accused under Section 313 of the Code of Criminal Procedure. This is the third application for bail. There is hardly any change in circumstances subsequent to the earlier order of rejection. The trial is at the stage of recording statement under Section 313 of the Code of Criminal Procedure of the accused. In such circumstances, we are unable to enlarge the petitioner on bail at this crucial stage.

The trial court is, however, requested to fix consecutive dates of trial and endeavour to adhere to the same. The trial

court is also requested not to grant any unnecessary adjournments to any of the parties.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. 5631 of 2021 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)