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Calcutta High CourtCRM (DB)/2860/2022rejected

Kishna Ram @ Kisan Ram Mali v. State Of West Bengal

2022-08-25Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

25.08.2022 cm/ct 28 C.R.M. (DB) No. 2860 of 2022 sl. no.17 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Burrabazar P.S Case No. 211 of 2020 dated 31.10.2020 under Sections 395,397,307 and 34 of the Indian Penal Code, 1860.

Rejected And In Re : Kishna Ram @ Kisan Ram Mali.

..... petitioner Mr. Aditya Roy Mr. Sayantan Sinha Mr. Uttam Kumar Mondal ...... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ...... for the State Petitioner prays for bail. He submits there is delay in the matter before the trial court. He further submits that he has been falsely implicated in the instant case.

Learned lawyer for the state opposes the prayer for bail. He submits delay is engineered by the accused persons. We have considered the materials on record. Matter is fixed for consideration of charge. One of the accused person was unrepresented and matter came to be adjourned in these circumstances.

In view of the aforesaid materials on record implicating the petitioner in the crime and gravity of the offence, as delay cannot be attributed to the prosecution, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. Trial court is directed to consider the issue of framing charge at the earliest and in the event charge is framed to take the

proceeding to its logical conclusion without granting unnecessary adjournment to either of the parties.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)