Calcutta High CourtCRM (DB)/2080/2024rejected

Nirmal Kumar Sinha v. The State Of West Bengal

2024-09-02Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Prasenjit Biswas2 pages

19.

02.09.2024 Court No.28 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 2080 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Bolpur P.S. Case No. 346/2021 dated 18.9.2021.

And In the matter of: - Nirmal Kumar Sinha ...petitioner.

Mr. Sanjib Kr. Dan Mr. Saryati Datta Mr. Chitrak Biswas ...for the petitioner.

Mr. Bibaswan Bhattacharya Ms. Debjani Sahu ...for the State.

Dictated by Arijit Banerjee, J.

1. Report filed by the State be kept with the records.

2. We find from the report that the prosecution intends to examine about 41 witnesses out of 79 charge-sheet named witnesses.

3. The petitioner complains that the trial has not even started. Not a single witness has been examined. He is in custody for 235 days. He prays for bail.

4. We find from the records that there is prima facie involvement of this petitioner. He was absconding for about two and half years, as a result of which, we are told that although two witnesses had already been examined by the prosecution, the Signed By :

TANMOY GHOSH High Court of Calcutta 3 rd of September 2024 03:02:45 PM

witness action had to be started afresh. Therefore, the delay can be attributed to some extent to the petitioner as well.

5. Considering the prima facie incriminating material against the petitioner and the seriousness of the charge against him, we are not inclined to enlarge the petitioner on bail, at this stage.

6. The application being CRM (DB) 2080 of 2024 is accordingly dismissed.

7. However, we direct the learned Trial Court to expedite the trial to the fullest extent possible so that the same can be concluded at an early date and preferably within a year from the next date fixed for recording of evidence.

8. This order shall be communicated by the parties to the learned Trial Court immediately.

(Arijit Banerjee, J.) (Prasenjit Biswas, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 3 rd of September 2024 03:02:45 PM