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Calcutta High CourtCRM/7166/2021rejected

Bappa Ghosh @ Barka v. The State Of West Bengal

2021-11-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Aniruddha Roy1 pages

09.11.2021 tkm/ct 28 C.R.M. 7166 of 2021 sl no. 69 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Tangra P.S case no. 109/2018 dated 11.5.2018 under sections 120B/302/307/34/379 of the Indian Penal Code And In Re : Bappa Ghosh @ Barka ........ petitioner Mr. A Patra ...... for the petitioner Mr. M Sur Mr. D Mahata ...... for the State Petitioner renews his prayer for bail and submits that he is in custody for more than three years. It is submitted that there is slow progress of the trial of the case.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Prayer of a coaccused was turned down by a co-ordinate Bench of this court in December 2020 with direction that the trial be concluded at an early date. We are informed that trial is in progress and some witnesses have been examined. As there is evidence on record implicating the petitioner in the alleged crime, we are not inclined to grant bail to the petitioner.

However, in view of the earlier direction of this Court and the protracted period of detention suffered by the petitioner, we direct the trial court to conclude the trial at an early date preferably within six months from the next date fixed before it without granting adjournments to either of the parties. (Aniruddha Roy, J.) (Joymalya Bagchi, J.)