Sepai Sk. @ Sharukh Sk. v. State Of West Bengal

16.

25-06-2024 (ct. no.28) debajyoti (rejected) CRM (NDPS) 960 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No.1225 of 2021 dated 24-10-2021 under Sections 22(c)/29 of N.D.P.S. Act.

- A n d - In the matter of : Sepai Sk. @ Sharukh Sk.

.... Petitioner.

Ms. Shabna Hasin, Ms. Samima Akter Banu ... For the Petitioner.

Ms. Shaila Afrin, Mr. Debanshu Ghorai ... For the State.

There are three accused persons. Commercial quantity of contraband was recovered from the possession of this petitioner. He says that he is iin custody for 2 years and 9 months. There is no possibility of an early conclusion of the trial. He should be enlarged on bail.

Learned advocate for the State says that there was some delay in the progress of the trial because the other two accused persons were absconding. Charge was finally framed on December 06, 2022. Witness action started from October 05, 2023. Five out of ten witnesses have been examined. The next schedule of examination is on August 13 and 14, 2024. In view of the incriminating material available against the petitioner, his prayer for bail should not be granted. We are not inclined to allow the petitioner's prayer for bail immediately. There is sufficient prima facie incriminating material against him.

The application for bail being CRM (NDPS) 960 of 2024 is, thus, dismissed.

Signed By :

DEBAJYOTI DAS High Court of Calcutta 26 th of June 2024 07:04:33 PM

However, since he is in custody for a long period of time, we direct the learned trial Court to expedite the trial to the fullest and conclude the same by delivering judgment within six months from the next date fixed for recording of evidence.

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 26 th of June 2024 07:04:33 PM