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Calcutta High CourtCRM (DB)/3233/2022rejected

Sanjiv Paswan @ Sanju v. State Of West Bengal

2022-09-26Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

26.09.2022.

30.

Ct.No.28 as (Rejected) C.R.M. (DB) 3233 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Uttarpara P.S. Case No.159 of 2020 dated 05.06.2020 under Section 394 of the Indian Penal Code and Sections 25/27 of the Arms Act and charge sheet submitted under Sections 395/397/412 of the Indian Penal Code and Sections 25/27 of the Arms Act. In the matter of : Sri Sanjiv Paswan @ Sanju. ... Petitioner.

Mr. S. Chatterjee, Mr. S. S. Ray.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Sandip Chakraborty.

...for the State.

Petitioner is in custody for 841 days. He submits there is discrepancy with regard to the stolen booty. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Petitioner was identified in the course of T. I. Parade. Stolen property was also recovered from the petitioner and other co-accuseds. Alleged discrepancy with regard to the quantum of stolen cash may be assessed during trial. Trial is in progress. In view of the aforesaid incriminating materials and gravity of the offence, 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 expedite the trial and conclude the same at an early date preferably within one year from the next date fixed for recording evidence without granting any unnecessary adjournment to either of the parties. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)