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Calcutta High CourtCRM (DB)/3438/2023rejected

Tridip Mitra v. State Of West Bengal

2023-09-01Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

01.09.2023.

34.

Ct.No.28.

as (Rejected) C.R.M. (DB) 3438 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baguihati P.S. Case No.507 of 2019 dated 11.12.2019 under Sections 302/201/34 of the Indian Penal Code.

In the matter of : Tridip Mitra.

.... Petitioner.

Mr. Neil Basu, Mr. Sankha Biswas, Mr. Kaushik Ray.

...for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P.

Mr. Dipankar Paramanick.

...for the State.

1.

Petitioner is in custody for more than three years. He renews his bail prayer.

2.

Learned Advocate for the State opposes the bail prayer. He submits trial is at its fag end. Date has been fixed for examination of the accused under Section 313 of the Code of Criminal Procedure.

3.

We have considered the materials on record. Allegations involve murder and if proved would attract mandatory life imprisonment. Trial is at its fag end. Date has been fixed for examination of the accused under Section 313 of the Code of Criminal Procedure.

4.

In view of the gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

5.

Accordingly, the prayer for bail of the petitioner is rejected.

5.

Trial court is requested to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)