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Calcutta High CourtCRM (DB)/2970/2023rejected

Manjural Islam Molla @ Manja v. State Of West Bengal

2023-07-27Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

27.07.2023.

22.

Ct.No.28 as (Rejected) C.R.M. (DB) 2970 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nadial P. S. Case No.37 of 2017 dated 19.03.2017 under Sections 364/120B of the Indian Penal Code and charge sheet submitted under Sections 302/201/120B of the Indian Penal Code. In the matter of : Manjural Islam Molla @ Manja. ... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha.

...for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P., Mr. Dipnkar Paramanick.

...for the State.

Petitioner is in custody for 6 years and three months. He submits there is delay in trial. He renews his bail prayer. Learned Advocate for the State submits report. We have considered the materials on record. Trial has progressed. Delay in the matter was due to pandemic condition prevailing in 2020-21. It cannot be said that the prosecution is indolent. Offences, if proved, would attract mandatory life imprisonment.

Hence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)