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Calcutta High CourtCRM/6638/2021rejected

Sabadul Sk And ANR v. State Of West Bengal

2021-12-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

10.12.2021 saswata ct 28 C.R.M. 6638 of 2021 sl no. 82 In Re : An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Manikchak P.S. case no. 145/19 dated 01.06.2019 under sections 394/397/364/412/307 of the Indian Penal Code read with Sections 25(1)(a)/27/35 of the Arms Act. And In Re : Sabadul Sk. & Anr.

........ petitioners Mr. Dipankar Guha ...... for the petitioners Mr. Saibal Bapuli, APP Mr. Bibaswan Bhattacharya ...... for the State The petitioners renew their prayer for bail. They are in custody for two years and six months and it is submitted there is no progress in the trial of the case since the rejection of bail by this Court.

Learned lawyer for the State opposes the prayer for bail. He submits petitioners were identified in the course of Test Identification Parade. Trial is in progress.

We have considered the materials on record. Petitioners were identified in course of Test Identification Parade. There are other materials implicating the petitioners in the alleged crime. In view of the aforesaid fact and the gravity of offence we are not inclined to grant bail to the petitioners at present. The prayer for bail is, thus, rejected.

However, we request the Trial Court to expedite the trial of the case and conclude the same at an early date, preferably within

one year from the next date fixed before the Trial Court without granting unnecessary adjournments to either of the parties. (Joymalya Bagchi, J.) (Bivas Pattanayak, J.)