Ganesh Sardar v. State Of West Bengal

29.09.2022 sdas rejected C.R.M.(DB) No. 3359 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 659 of 2019 dated 11.11.2019 under Sections 302/201/34 of the Indian Penal Code.

And In Re : Ganesh Sardar ..... petitioner.

Ms. Minoti Gomes ... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State Learned Counsel appearing for the petitioner submits the petitioner is in custody for 2 years and 10 months. It is also submitted that there is little progress in the trial of the case. He renews his prayer for bail.

Learned Counsel appearing for the State opposes the prayer for bail and submits date that has been fixed for recording of evidence on 3rd November, 2022.

We have considered the materials on record. Statements of eye witnesses implicate the petitioner in the murder. Bail prayer of the petitioner was rejected earlier on merits. Under such circumstances and in view of the gravity of the offence, we are not inclined to grant bail to the petitioner. We direct the trial Court 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 unnecessary adjournment to either of the parties. The application for bail is, thus, rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)