Biswajit Gownia @ Babu Gownia v. The State Of West Bengal
56.
17.09.2024 Court No.28 (Tanmoy) Rejected
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1416 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.
And In the matter of: - Biswajit Gownia @ Babu Gownia ...petitioner.
Ms. Jeenia Rudra ...for the petitioner.
Mr. S.S. Imam Mr. Arani Bhattacharyya ...for the State.
Dictated by Arijit Banerjee, J.
1. The petitioner says that he is in custody for about four years and six months. He prays for bail on the ground of inordinate delay in the trial.
2. Learned State Advocate tells us that recording of evidence is complete and examination of witnesses under Section 313 of the Code of Criminal Procedure, 1973, is also over. December 11, 2024, has been fixed by the learned Trial Court as the next date for argument.
3. Four years and six months is far too long a period of time to keep an under-trial in custody. However, since the trial is on the verge of conclusion and prima facie there appears to be incriminating evidence against the petitioner from whom 54 Kgs. of ganja was allegedly recovered, we are not inclined to allow the petitioner's prayer for bail, at this stage.
4. Hence, the prayer for bail is rejected.
Signed By :
TANMOY GHOSH High Court of Calcutta 18 th of September 2024 05:43:43 PM
5. The application being CRM (NDPS) 1416 of 2024 is accordingly dismissed.
6. However, we direct the learned Trial Court to pre-pone the date of argument and conclude the trial by delivery of judgment positively by the end of November, 2024.
7. The learned Registrar General of this Court is requested to immediately communicate this order to the learned Trial Court. The parties shall also be at liberty to communicate this order to the learned Trial Court.
(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :
TANMOY GHOSH High Court of Calcutta 18 th of September 2024 05:43:43 PM