Kartick Sarkar v. The State Of West Bengal And ANR

22-07-2024 (ct. no.28) S. De (Rejected) CRM (DB) 2153 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure - A n d - In the matter of : Kartick Sarkar.

.... Petitioner.

Mr. Sananda Bhattacharyya, ... For the Petitioner.

Mr. Arnab Chatterjee, Mr. Debanik Das, ...for the State.

Order dictated by Partha Sarathi Sen, J.

Affidavit-of-service filed in Court today be kept with the records.

It is submitted on behalf of the petitioner that considering the long incarceration of the present petitioner, the instant application for bail may be considered favourably. While opposing the prayer for bail, learned advocate for the State submits before this Court that in course of deposition, the victim who is a five years old girl has duly supported the FIR as well as her statement recorded under Section 161 Cr.P.C. It is reported that five more prosecution witnesses are required to be examined. Such being the position, while rejecting the prayer for bail, we direct the learned Trial court to conclude the trial positively within six months from the date of communication of this order. CRM (DB) 2153 of 2024 is dismissed.

It is, however, made clear that the prosecution shall ensure the availability and the production of the remaining prosecution witnesses on the dates fixed by the learned Trial Court Signed By :

SANDIP DE High Court of Calcutta 23 rd of July 2024 11:51:03 AM

positively, failing which the learned Trial Court shall issue nonbailable warrant of arrest against those prosecution witnesses. Let this order be communicated by the parties to the learned Trial Court.

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.)