Tapash Makhal v. State Of West Bengal

11.07.2022 cm/ct 28 C.R.M. (DB) 2182 of 2022 sl. no. 25 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Panchla P.S Case No. 78 of 2017 dated 14.03.2017 under Sections 448/325/307/354B/379/506/34 of the Indian Penal Code.

Rejected And In Re : Tapash Makhal ..... petitioner Mr. Jayanta Narayan Chatterjee Mr. Ashok Das ...... for the petitioner Mr. Neguive Ahmed, Ld. A.P.P.

Ms. Trina Mitra ...... for the State Petitioner renews his prayer for bail. He submits he is in custody for more than four years and eight months. In spite of direction given by this court, trial is proceeding at a slow pace. Learned Additional Public Prosecutor for the State opposes the prayer for bail. He submits petitioner is the principal accused who assaulted the victim resulting in his death. Trial is in progress. Eight out of seventeen witnesses have already been examined. We have considered the materials on record. Evidence of the prosecution witnesses implicate the petitioner in the murder. Delay in the trial was due to intervening pandemic conditions. Keeping in mind the aforesaid facts and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner is rejected. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)