Maqsood Chisti @ Kabir v. The State Of West Bengal And ANR

09.

23.12.2024 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3117 of 2024 In Re: - An application of bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: - Maqsood Chisti @ Kabir.

.....petitioner.

Mr. S. Lahiri, Mr. Saikat Debnath ...for the petitioner.

Ms. Tannistna Bandyopadhyay ....for the Victim.

Mr. Soumik Ganguly, Ms. Pinky Sarkar, ....for the State.

Dictated by Partha Sarathi Sen, J.

1. The instant bail application has been made basically on the ground of long detention since according to the learned advocate for the petitioner, the present accused is in custody for more than 3 years and the progress of trial is very slow.

2. While opposing such prayer, learned advocate for the State has handed over a report dated 22nd December, 2024 as submitted by I/C, Eco Park Police Station. The report dated 22nd December, 2024 is taken on record.

3. On the perusal of such report, it reveals that out of 14 chargesheet named witnesses, only one witness is yet to be examined

and his cross-examination is scheduled to be held on January 9, 2025.

4. We have also perused the deposition of the victim girl who implicates the present accused-petitioner in the alleged crime.

5. Considering the seriousness of the crime and also considering the fact that the trial is almost near to completion, we are not inclined to allow the petitioner's prayer for bail.

6. The prayer for bail is, thus, rejected.

7. However, before parting with and also keeping in mind that if convicted, the petitioner will have to undergo a minimum imprisonment of 20 years, we request the learned trial court to expedite the hearing of the trial, without granting unnecessary adjournment to either of the parties.

(Arijit Banerjee, J.) (Partha Sarathi Sen, J.)