Md. Tipu Alias Tipu v. State Of West Bengal

104.

20-06-2024 (ct. no.28) debajyoti (rejected) CRM (DB) 1821 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Madhyamgram Police Station Case No.525 of 2022 dated 23-10-2022 under Sections 302/201/34 of the Indian Penal Code. - A n d - In the matter of : Md. Tipu alias Tipu .... Petitioner.

Mr. Angshuman Chakraborty ... For the Petitioner.

Mr. Jaydeep Biswas, Mr. Aritra Bhattacharya ... For the State.

The petitioner renews his prayer for bail which was rejected twice earlier, lastly on November 30, 2023. By the last order of rejection, a coordinate Bench requested the trial Court "to consider the issue of framing of charge on the date so fixed and if it is unable to do so positively within two months thereof and in the event charge is framed to take the proceeding to its logical conclusion without granting unnecessary adjournments to either of the parties". Learned advocate for the petitioner says that in spite of the aforesaid direction, charge has not yet been framed. We are told that the aforesaid order was communicated to the learned trial Court only after about four months. Be that as it may, we are told that July 12, 2024 has been fixed as the date for consideration of charges. We direct the learned trial Court to consider the charges on that day positively and if charges are framed, then to expedite the trial to the fullest extent possible.

Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of June 2024 06:15:14 PM

From the material in the Case Diary, we prima facie find that there is sufficient material against this petitioner. Hence, we are not inclined to grant bail.

The application for bail being CRM (DB) 1821 of 2024 is, thus, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of June 2024 06:15:14 PM