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Calcutta High CourtCRM (DB)/3772/2022rejected

Attaullah @ Atabulla Sha @ Ata Sha v. State Of West Bengal

2022-10-31Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Partha Sarathi Sen2 pages

31.10.2022.

42.

Ct.No.28 as (Rejected) C.R.M. (DB) 3772 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Panchla P.S. Case No.

of dated 10.05.2020 under Sections 498A/313/307/34 of the Indian Penal Code and added Section 302 of the Indian Penal Code read with Sections 3 / 4 of the Dowry Prohibition Act.

In the matter of : Attaullah @ Atabulla Sha @ Ata Sha. ... Petitioner.

Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder.

...for the Petitioner.

Mr. Rudradipta Nandy, ld. A.P.P., Mr. Aninda Sundar Chatterjee.

...for the State.

Petitioner is in custody for two years and five months. He renews his prayer for bail.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Dying declaration of the victim-housewife implicates the petitioner in her murder.

In view of the incriminating materials on record and as there is no change in circumstances since the rejection of bail by this Court on merits, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

Trial court is requested to expedite the trial and conclude the same at an early date without granting any unnecessary adjournments to either of the parties.

(Partha Sarathi Sen,J.) (Joymalya Bagchi, J.)