Jiyarul Mondal v. State Of West Bengal

10.11.2022 Sl. No.16 akd [Rejected] C. R. M. (DB) 3059 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.09.2022 in connection with Khardah Police Station Case No. 191 dated 13.03.2022 under Sections 302/120B of the Indian Penal Code and Sections 25/27 of the Arms Act. And In Re: Jiyarul Mondal ... ... Petitioner Md. Yunush Mondal Mr. Pronojit Roy ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor ... ... for the State We are informed charge has already been framed and date has been fixed for examination of prosecution witnesses. There is possibility that the vulnerable witnesses may be won over. We are also informed that the co-accused who has been released on bail in the present case is in custody in connection with other cases. Under such circumstances, as the possibility of influencing vulnerable witnesses cannot be ruled out, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

Trial court is directed to conduct the trial on a day to day basis and conclude the examination of the vulnerable witnesses as expeditiously as possible preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)