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Calcutta High CourtCRM (DB)/2895/2024rejected

Mijanur Mondal v. The State Of West Bengal

2024-11-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

14.11.2024 Ct. No. 28 SL No. 69 SB CRM (DB) 2895 of 2024 In Re: - An application under Section 483 of the B.N.S.S. corresponding to Section 439 of Cr.P.C. in connection with Amdanga P.S. Case No. 391 if 2021 dated 22.7.2021 under Sections 302/201/120B/34 of the Indian Penal Code.

And In the matter of: Mijanur Mondal Mr. Soumik Ganguli ... for the petitioner Ms. Nandini Chatterjee ...for the State 1.

Petitioner is in custody for about three years. He submits there is delay in trial. He prays for bail.

2.

Learned counsel appearing for the State submitted a report. 3.

We have considered the materials on record. P.W. 2 stated that he had seen the petitioner and others with the deceased prior to the murder. Defence has prayed for deferment of cross-examination of this vital witness. In the event, petitioner is released on bail at this stage, there is possibility that he may win over the witness and adversely impact the prosecution case.

4.

Keeping in mind this fact and gravity of offence, we are not inclined to grant bail petitioner at this stage. 5.

Accordingly, the application for bail, is thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)