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Calcutta High CourtCRM (DB)/1964/2024rejected

Sukhdeb Mandal @ Swapan Mondal @ Sukdeb @ Sukdeb Mondal v. State Of West Bengal

2024-07-26Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

26-07-2024 (ct. no.28) S. De (Rejected) CRM (DB) 1964 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure - A n d - In the matter of : Sukhdeb Mandal @ Swapan Mondal @ Sukdeb @ Sukdeb Mondal.

.... Petitioner.

Mr. Soumya Nag, Ms. Namrata Chatterjee, ... For the Petitioner.

Mr. Angshuman Chakraborty, Mr. Shashankha Sekhar Saha, ... For the de facto complainant. Mr. Antarikhya Basu, Mr. Soham De Dhara, ...for the State.

Order dictated by Arijit Banerjee, J.

1) The petitioner prays for bail. He says that he is in custody for 522 days. Only one out of fifteen witnesses has been examined and that too, in part. He was named in the FIR only as a passer-by. He has no connection with the alleged crime.

2) While opposing the prayer for bail, learned advocates for the State and the de facto complainant point out that the PW-1, in his deposition, has clearly stated that this petitioner identified the victim to the shooter.

3) In view of such prima facie incriminating material against this petitioner, we are not inclined to entertain the petitioner's prayer for bail.

4) CRM (DB) 1964 of 2024 is dismissed.

5) However, considering that the petitioner has been in incarceration for a considerable period of time, we Signed By :

SANDIP DE High Court of Calcutta 26 th of July 2024 05:59:03 PM

direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same as soon as possible but preferably within one year from the next date fixed for recording of evidence.

6) Let this order be communicated by the parties to the learned Trial Court.

7) All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)