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Calcutta High CourtCRM/7552/2021dismissed

Sudipta Jana v. State Of West Bengal

2021-11-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

29.11.2021 Serial no.508 Aloke (Through Video Conference) Ct. No. 29 CRM 7552 of 2021 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 08.11.2021 in connection with Sagar Police Station Case No. 57 of 2016 dated 29.03.2016 under Sections 363/376D/302/306/34 of the Indian Penal Code and Section 6 of the POCSO Act.

-AndIn the matter of : Sudipta Jana ... ...Petitioner Mr. Deepak Prahladka, Advocate ... ... For the Petitioner Mr. Rudradipta Nandy, Advocate ... ...For the State Petitioner renews the prayer for bail.

This fifth application for grant of bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody in excess of five years seven months. He submits that out of 42 prosecution witnesses only four were examined and that the last prosecution witness was examined on January 24, 2019.

Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary. Considering the fact that there is hardly any material change in circumstances subsequent to the earlier order of rejection and considering the complicity of the petitioner in the incident and the materials in the case diary, we are unable to grant bail to the petitioner.

The prayer for bail is, thus, rejected.

However, we request the jurisdictional Court to dispose of the trial as expeditiously as possible.

Submission of the learned Advocate appearing for the petitioner that his client will not seek any adjournment before the jurisdictional Court is placed on record.

CRM 7552 of 2021 is, accordingly, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)