Dijen Mandal And ANR v. State Of West Bengal

17.01.2022 Court No.32 rpan / 05 C.R.M. 8193 of 2021 [through Video Conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Mothabari Police Station Case no.229 of 2020 dated 24.06.2020 under Sections 302/34 of the Indian Penal Code, 1860;

And In Re : Dijen Mandal & Another - Petitioners.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ... for the petitioners.

Mr. Prasun Kumar Datta, Mr. Santanu Deb Roy ... for the State.

Mr. Karmakar, learned advocate appearing for the petitioners submits that the petitioners are languishing in custody for more than 1 year 7 months and there is no possibility towards early conclusion of the trial. In view thereof, the petitioners may be enlarged on bail on any stringent condition. He, however, informs this Court that the proceedings before the learned trial court have been stayed by an order passed in a revision application preferred by another co-accused, namely, Hriday Mandal. Mr. Deb Roy, learned advocate appearing for the State opposes the petitioners' prayer and submits that the petitioners' prayer was rejected earlier in the month of September 2021. Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the role of the petitioners and since there had been no substantial

change in the circumstances subsequent to last rejection of the petitioners' prayer for bail, we are not inclined to exercise discretion in their favour. As such, their prayer for bail is refused at this stage.

The application for bail, being CRM No. 8193 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Ajoy Kumar Mukherjee, J.) (Tapabrata Chakraborty, J.)