Subho Pal @ Chhotka v. The State Of West Bengal

18.

03-01-2025 CRM (DB) 2950 of 2024 (ct. no.29) S. De In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Subho Pal @ Chhotka.

......Petitioner.

Mr. Sabir Ahamed Mr. Prasun Mukherjee, Ms. Priyanka Dutta, ......for the Petitioner.

Mr. Suman De, Ms. Snigdha Saha, ......for the State.

Dictated by Arijit Banerjee, J.

1. The charge is of dacoity. The petitioner suffered a rejection on merits on November 23, 2023. Hence, there is no reason why we should again consider the petitioner's application for bail on merits.

2. The petitioner complains of inordinate delay in progress of the trial. He says that he is in custody for about 3 years and 3 months. There is no evidence against him.

3. From the status report filed by the State, we find that 4 more witnesses are to be examined by the prosecution, out of whom examination of 2 have been fixed on January 4, 2025. Therefore, it seems that the trial is likely to conclude on an early date.

4. In any event, although we are not inclined to allow the petitioner's prayer for bail, at this stage, in view of the prima facie incriminating material against him, we request the learned Trial Court to expedite the trial to the fullest extent Signed By :

SANDIP DE High Court of Calcutta 7 th of January 2025 01:37:22 PM

possible and conclude the same as soon as possible, keeping in mind the lengthy custodial detention of the petitioner.

5. CRM (DB) 2950 of 2024 is dismissed.

6. Let this order be communicated by the parties to the learned Trial Court.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

SANDIP DE High Court of Calcutta 7 th of January 2025 01:37:22 PM