Ajij Mahapatra v. State Of West Bengal

07.07.2022.

17.

Ct.No.28 as (Rejected) C.R.M. (DB) 2135 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chapra P.S. Case No.214 of dated 19.06.2020 under Sections 325/326/307/302 of the Indian Penal Code.

In the matter of : Ajij Mahatpure.

... Petitioner.

Md. Sabir Ahmed, Mr. Shraman Sarkar, Mr. Apan Saha.

...for the Petitioner.

Mr. Saibal Bapuli, ld. A.P.P., Mr. Bibaswan Bhattacharyya, Mr. Joy Chakraborty.

...for the State.

Heard the learned Advocates appearing for the parties. Petitioner renews his prayer for bail. He submits he has been falsely implicated in the instant case due to family disputes. There is little progress in the matter since rejection of bail by this Court in March, 2022.

Learned Advocate for the State opposes the prayer for bail. Statements of eye witnesses recorded under Section 164 of the Code of Criminal Procedure implicates the petitioner in the murder of his parents. .

In view of the aforesaid incriminating materials on record and gravity of the offence, we are not inclined to grant bail to the petitioner on merits.

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

However, in view of protracted period of detention suffered by the petitioner, we direct the trial court to consider the issue

of framing of charge on the next date fixed before it and if it is unable to do so, positively within a month thereof and thereafter to take the matter to its logical conclusion at the earliest without granting any unnecessary adjournment to either of the parties.

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)