Sanjay Sarkar v. State Of West Bengal

22.08.2023 sdas rejected C.R.M.(DB) No. 3274 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 265 of 2020 dated 01.06.2020 under Sections 498A/302/34 of the Indian Penal Code.

And In Re : Sanjay Sarkar .... petitioner Mr. Arup Kumar Bhowmick ....for the petitioner Ms. Faria Hossain Mr. Anand Keshari ...... for the State 1.Learned Counsel for the petitioner submits he is in custody for more than three years. It is also submitted that there is delay in trial. He prays for bail.

2. Learned Counsel for the State opposes the prayer for bail and submits bail prayer of the petitioner was rejected earlier on merits on a number of occasions.

3. We have considered the materials including the evidence on record. Victim lady suffered severe injuries at the matrimonial home and died. Petitioner is the husband and there are ample materials to implicate the petitioner in the murder. Offence, if proved, would attract mandatory life imprisonment. In view of gravity of the offence we are not inclined to grant bail to the petitioner at this stage.

4. The application for bail is, thus, rejected.

5.Trial court is directed to conduct the trial with utmost expedition and conclude the same at an early date without granting unnecessary adjournment to either of the parties. (Rai Chattopadhyay, J.) (Joymalya Bagchi, J.)