Sahadave Ganthya @ Sahadeb Ganthya @ Sahadeb Genthya @ Sahadev Ghetya @ Mithun v. State Of West Bengal And ANR
25-09-2024 (ct. no.28) KOLE CRM (DB) 2999 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Moyna Police Station Case No. 21 of 2021 dated 02.02.2021 under Section 376(3) of the Indian Penal Code read with Section 6 of the POCSO Act. - A n d - In the matter of : Sahadave Ganthya @ Sahadeb Ganthya @ Sahadeb Genthya @ Sahadev Ghetya @ Mithun .... Petitioner.
Mr. Navanil De, Mr. S. Dey, ... For the Petitioner.
Mr. P. K. Dutta Mr. S. Basu Roychowdhury, ... For the State.
Mr. S. Saha, ... for the defacto complainant.
Order dictated by Arijit Banerjee, J.:
1.
The petitioner renews his prayer for bail which was rejected on four occasions earlier. Although directions were given for expeditious conclusion of the trial, the same has evidently not been possible. The petitioner says he is in custody for more than three years seven months. He prays for bail on the ground of prolonged detention and delay in progress of trial. 2.
Opposing the prayer, leaned State Advocate points out that the case is at the argument stage. November 7, 2024 has been fixed as the next date for argument. There is overwhelming evidence against the petitioner.
3.
Funnily enough, the defacto complainant does not raise objection to the prayer of the petitioner.
4.
Be that as it may, since the trial is on the verge of conclusion, we direct the learned Trial Court to expedite the
proceedings and conclude the trial as soon as possible but positively by the end of November, 2024, if necessary by preponing the next date fixed for argument.
5.
CRM (DB) 2999 of 2024 is, thus, dismissed.
6.
Parties and the learned Registrar General of this Court shall immediately communicate this order to the learned Trial Court.
7. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )