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Calcutta High CourtCRM (DB)/3406/2022rejected

Sarifa Begum @ Babuni @ Kiran Debi v. State Of West Bengal

2022-09-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

29.09.2022 dd/ct 28 C.R.M. (DB) 3406 of 2022 sl no. 90 (Rejected) In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Lake Police Station Case No. 543 of 2013 dated 15.10.2013 under sections 302/34 and 394 of the IPC And In Re : Sarifa Begum @ Babuni @ Kiran Debi ........ petitioner Mr. Deepak Prahladka Ms. Reshmi Khatun, ...... for the petitioner Mr. Zareen N. Khan, Mr. Arup Sarkar, ...... for the State Petitioner is in custody for 8 years. He submits that there is delay in the progress of the case.

We have considered the materials on record. Report with regard to status of the proceeding is placed before us. We note that delay in the proceeding is not exclusively attributable to the prosecution. There is substantial contribution at the end of the defence as well as due to pandemic conditions. Under such circumstance, we are of the view that this is not a fit case to grant bail.

Trial court is requested to expedite the trial and conclude the same at an early date preferably within one year from the date fixed for recording evidence without granting unnecessary adjournments to either of the parties.

Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)