Prabir Kumar Dutta v. The State Of West Bengal

19.06.2024 tkm/ct 28 C.R.M. (DB) 1675 of 2024 sl no. 105 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bolpur PS case no. 245 of 2016 dated 14.8.2016 under sections 330/348/304/201/34 IPC And In Re : Prabir Kumar Dutta ...petitioner Mr. Pradip Kumar Roy Mr. T Roy Choudhury ...... for the petitioner Mr. R D Nandy, ld APP Mr. Shiladitya Banerjee ...... for the State 1.

Charge-sheet was issued under section 304 IPC and other sections of IPC. The petitioner is aggrieved because he is in custody for about four years. He says 24 out of 36 witnesses have been examined. The evidence on record in no way implicates the petitioner. He should be immediately released on bail. 2.

Learned APP says that for various reasons there has been some delay in the trial. Partly the delay is attributable to the defence also. He says on instruction that three months' time may be granted for completion of trial.

3.

We find the suggestion of the learned APP to be reasonable. The charge is serious. We are not inclined to release the petitioner on bail immediately.

4.

However, we direct the learned Trial court to positively conclude the trial within three months from the date of communication of this order by the parties to the learned Trial court. No unnecessary adjournments shall be granted to either of the parties. Both the parties shall fully co-operate with the Trial

court in bringing the trial to its logical conclusion within the aforesaid time period.

5.

In the event the trial is not completed within the time period of three months as indicated above, the petitioner will be at liberty to renew his prayer for bail.

6.

CRM (DB) 1675 of 2024 is disposed of.

(Gaurang Kanth J.) (Arijit Banerjee, J.)