Saddam Hossain v. State Of West Bengal

30.

03.01.2025 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3227 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: - Saddam Hossain.

.....petitioner.

Mr. Jaydeep Kanta Bhowmik ...for the petitioner.

Mr. Kunal Ganguly ....for the State.

Dictated by Apurba Sinha Ray, J.

1. The petitioner claims that he is in custody for more than 11 months. He has been falsely implicated in this case as he had rebuked the deceased for coming late to the office. In fact, the investigation is complete and there is no need for further detention of the present petitioner. The petitioner may be enlarged on bail on any condition.

2. Learned counsel for the State opposes the prayer for bail. According to him, there are sufficient incriminating materials against the present petitioner. The petitioner absconded for three years and five months and if the present petitioner is enlarged on bail, the prosecution may suffer.

3. Learned counsel for the petitioner has disputed the allegation that the petitioner had absconded for three years.

4. We have considered the materials on record. We find that there is a Suicide Note, which implicates the present petitioner. In view of such materials on record, we are not inclined to allow the prayer for bail of the petitioner, at this stage.

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

6. However, in view of the fact that the petitioner is in custody for a considerable period of time, we request the learned trial court to expedite the trial to the utmost and conclude the same as early as possible, without granting unnecessary adjournment to either of the parties.

7.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)