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Calcutta High CourtCRM (DB)/3258/2024rejected

Mohosin Gazi @ Mahasin Gazi v. State Of West Bengal

2024-12-23Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Partha Sarathi Sen2 pages

15.

23-12-2024 (ct. no.29) debajyoti (rejected) CRM (DB) 3258 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dankuni Police Station Case No.290 of 2023 dated 2009-2023 under Sections 498A/302/506 of the Indian Penal Code.

- A n d - In the matter of : Mohosin Gazi @ Mahasin Gazi .... Petitioner.

Mr. Navanil De, Ms. Monami Mukherjee ... For the Petitioner.

Mr. Ranadeb Sengupta, Mr. Md. Sayeed Khan ... For the State.

Dictated by Arijit Banerjee, J.

1. The petitioner complains that he is in custody for more than 1 year 3 months. Only 2 out of 28 charge sheet named witnesses have been examined.

2.

We had called for a status report from the State. Such report is filed. Let the same be taken on record. 3.

We see from the report that the State expects to examine around eight more witnesses.

4.

We have also seen the material in the Case Diary. The two sons of the victim have deposed. They prima facie implicate this petitioner. The medical report also prima facie supports the prosecution case.

5.

In view of the aforesaid, we are not inclined to allow the petitioner's prayer for bail, at this stage. The application for bail is, thus, dismissed.

Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of December 2024 05:02:05 PM

6.

However, considering that the petitioner is in custody for quite some time, we request the learned trial Court to expedite the trial to the extent possible and bring the same to its logical conclusion on an early date.

7.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of December 2024 05:02:05 PM