Sajdar Biswas v. State Of West Bengal

15.09.2021 Ct. No 29 KAUSHIK (REJECTED) C.R.M. 6008 of 2021 (via video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Arambagh Police Station Case No. 107 of 2019 dated 17.03.2019 under Sections 20(b)(i)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Sajdar Biswas ..... petitioner Mr. Rahul Karmakar ... for the petitioner Mr. Rana Mukherjee Ms. Sujata Das Ms. Debjani Sahu ... for the State Petitioner seeks bail.

Learned advocate appearing for the petitioner draws the attention of the Court to the order dated February 24, 2021. He submits that, by such order, the petitioner was granted liberty to pray for bail if there is no substantial progress in the trial. Learned advocate appearing for the State opposes the prayer for grant of bail.

This is a third application for grant of bail. On earlier occasions, two applications were rejected on November 19, 2019 and February 24, 2021. In the order of rejection dated February 24, 2021, liberty was granted to the petitioner to approach the Court if within a period of three months from the date of such order there was no substantial progress in the trial. Copies of the order sheet of the Jurisdictional Court is annexed to the application for bail. It appears from such order

sheet that subsequent to the order dated February 24, 2021 of the High Court, Hooghly District Bar Association adopted resolution which prevented the disposal of the trial. Considering the earlier orders of rejection and considering that the prosecution cannot be faulted for nondisposal of the trial, we are unable to grant bail to the petitioner. Accordingly, prayer for bail is rejected and the application being CRM 6008 of 2021 is dismissed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)