Jamil Saha v. State Of West Bengal

12.07.2022 sdas rejected C.R.M.(DB) No. 2254 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Digha Police Station Case No. 30 of 2021 dated 19.06.2021 under Sections 302/201/379 of the Indian Penal Code.

And In Re : Jamil Saha ..... petitioner Mr. Robiul Islam Mr. Raju Mondal ... for the petitioner Mr. Neguive Ahmed, learned APP Ms. Trina Mitra ... for the State Petitioner renews his prayer for bail.

Learned Counsel appearing for the petitioner submits that the petitioner is in custody for over a year. There is delay in the trial due to non-appearance of prosecution witnesses. Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses show the petitioner was last seen with the deceased in a hotel room.

In view of gravity of the offence and prima facie involvement of the petitioner therein, we are not inclined to grant bail to him.

The application for bail is, thus, rejected. Prosecution shall take necessary steps for attendance and examination of witnesses during trial. Trial court shall

conclude the trial as expeditiously as possible preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. Copy of the order be communicated to the trial court. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)