Samir Ghosh v. The State Of West Bengal

28.10.2021.

Item No. 13 Court no. 8 pk/Sc C.R.M. 6858 of 2021 (via video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.10.2021 in connection with Kaliganj Police Station Case No. 312 of 2021 dated 15.06.2021 under Sections 448/376/325 of the Indian Penal Code and charge sheet bearing no. 454 of 2021 dated 09.09.2021 under Sections 302/201 of the Indian Penal Code.

And In the matter of : Samir Ghosh ...petitioner Mr. Sandip Dinda ...For the petitioner Mr. Sanjay Bardhan, Ms. Manisha Sharma. ... For the State. Upon hearing learned counsel appearing for the petitioner and the State, and considering the serious nature of the offence and the fact that the petitioner is the sole accused and that there are eye witnesses, we are not inclined to grant bail to the petitioner at this stage. Our view is also based on the materials disclosed in the case diary.

Since there appears to be a palpable delay in the proceedings in the enquiry which would be evident from the F.S.L. report, not being submitted despite the materials being sent in August, 2021, we direct the concerned Officer of the Prosecution to expedite the

proceedings and to make an effort to complete the same within 12 weeks from date.

We make it clear that charges shall be framed on 8th November, 2021 as scheduled and there shall be no further delay in completion of the proceedings. C. R. M. 6858 of 2021 is disposed of in terms of the above.

(Moushumi Bhattacharya) (Aniruddha Roy, J.)