Nilima Nath And ANR v. State Of West Bengal

01.08.2023 ct 28/tkm C.R.M. (DB) 3025 of 2023 sl no.31 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kotwali P.S, case no. 445 of 2018 dated 22.9.2018 under sections 498A/302/34 IPC And In Re : Nilima Nath & Anr.

........ petitioners Mr. S Das Mahapatra Mr. Amanul Islam Mr. Sourav Mukherjee Ms. M Sinha ...... for the petitioners Mr. S G Mukherjee, ld PP Mr. P P Das Mrs. Manasi Roy ...... for the State Petitioners are in custody for four months. It is submitted there is delay in trial. They renew their bail prayer. Learned lawyer for the State opposes the bail prayer and submits that the victim housewife made dying declaration implicating the petitioners.

We have considered the materials on records. There are ample materials implicating the petitioners in the murder. Trial has considerably progressed.

Offences if proved, would attract mandatory life imprisonment.

Under such circumstances, we are not inclined to grant bail to the petitioners.

Accordingly, prayer for bail is rejected.

Trial court is requested to conclude the trial at an early date preferably within two years from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

Parties shall communicate this order to the trial court for necessary compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)