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Calcutta High CourtCRM/8918/2021dismissed

Jamil Saha v. State Of West Bengal

2022-01-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

04.01.2022 Serial no. 44 Dd (Through Video Conference) CRM 8918 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Digha Police Station Case No. 30 of 2021 dated 19.06.2021 arising out of GR No. 1149 of 2021 under Sections 302/201/379 of the Indian Penal Code. -AndIn the matter of : Jamil Saha ... ...Petitioner Mr. Rabiul Islam Mr. Raju Mondal, Advocates ... ... For the Petitioner Mr. Swapan Banerjee, Mr. Suman De, Advocates ... ...For the State Mr. Sujoy Sarkar, Mr. Amit Patel, advocates ... ...For the de facto complainant Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. He highlights the period of detention of the petitioner and the fact that the police filed charge sheet.

Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code and the postmortem report. He submits that the petitioner was staying with the victim at the same hotel and that the petitioner was seen leaving the hotel after the incident. He submits that the case stands committed and that the trial is to commence.

De facto complainant is represented.

Considering the materials in the case diary, the gravity of the offence and the complicity of the petitioner therein and considering the fact that the trial is to commence very soon, we are not inclined to grant bail to the petitioner at this stage.

Prayer for bail is rejected.

CRM 8918 of 2021 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)