Manav Mandal @ Madab Mandal v. The State Of West Bengal

24-07-2024 (ct. no.28) S. De (Rejected) CRM (NDPS) 1129 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure - A n d - In the matter of : Manav Mandal @ Madab Mandal. .... Petitioner.

Md. Wasim Akram, ... For the Petitioner.

Mr. Arindam Sen, Mrs. Manasi Royh, ...for the State.

Order dictated by Arijit Banerjee, J.

1) The petitioner complains that he is in custody for 2 years 1 month. He has no connection with the alleged crime. On the ground of delay in trial, he renews his prayer for bail.

2) Prayer for bail was rejected earlier by a co-ordinate Bench on April 12, 2023.

3) Learned advocate for the State points out that one prosecution witness has already been examined fully. There are 12 witnesses. All may not be examined.

4) Be that as it may, in view of commercial quantity of contraband items having been seized by the petitioner, we are not inclined to grant bail to the petitioner at this stage.

5) CRM (NDPS) 1129 of 2024 is dismissed.

6) However, considering that the petitioner is in custody for a lengthy period of time and keeping in mind the paramount importance of a citizen's personal liberty Signed By :

SANDIP DE High Court of Calcutta 25 th of July 2024 01:02:33 PM

and right to speedy trial as enshrined in Article 21 of the Constitution, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same within 6 months from the next date fixed for recording of evidence.

7) We clarify that if the trial is not concluded within the time period indicated herein, the petitioner will be at liberty to renew his prayer for bail.

8) Let this order be communicated by the parties to the learned Trial Court.

9) 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.)