Basir Mia v. The State Of West Bengal

14-08-2024 (ct. no.28) KOLE CRM (DB) 2046 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No.

of dated 22.07.2023 under Sections 489B/489C/120B of Indian Penal Code.

- A n d - In the matter of : Basir Mia .... Petitioner.

Mr. Imtiaz Ahmed, Mrs. G. Firdaus, Mr. Mazhar Hossain Chowdhury, Mr. Md. Arsalan, ... For the Petitioner.

Ms. Sonali Das, Ms. Debadrita Das, ... For the State.

Order dictated by Arijit Banerjee, J.:

1.

Allegedly Rs. 1,46,000/- worth of fake Indian currency was ceased from this petitioner. He says that he has been falsely implicated. He is in custody for 410 days. Charge has not yet been considered. He prays for bail.

2.

Learned Advocate for the State, while opposing the prayer for bail submits that August 19, 2024 has been fixed as the date for consideration of charges. The incriminating material against the petitioner is overwhelming. If enlarged on bail, he is likely to commit similar offence again.

3.

Having considered the nature and gravity of the charge and the deleterious effect such crimes have on the society as a whole, we are not inclined to enlarge the petitioner on bail, at this stage.

4.

However, considering that the petitioner has been in custody for quite a long time, we direct the learned Trial Court to

consider the issue of framing charges positively on the date fixed for the same and if charges are framed, to conclude the trial as soon as possible and positively within a year from the date of framing of charge.

5.

CRM (DB) 2046 of 2024 is, thus, dismissed.

6.

Registry of this Court is directed to communicate this order to the Learned Trial Court immediately.

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