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Calcutta High CourtCRM (DB)/3806/2023rejected

Zakir Hossain Molla @ Jahiruddin Molla v. State Of West Bengal

2023-10-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

04.10.2023.

31.

Ct.No.28 as (Rejected) C.R.M. (DB) 3806 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with New Alipore P. S. Case No.206 of 2017 dated 06.08.2017 under Sections 302/394/460/34 of the Indian Penal Code. In the matter of : Zakir Hussain Molla @ Jahiruddin Molla.

... Petitioner.

Mr. Shamik Chatterjee, Mr. Aditya Bikram Mahata.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

...for the State.

1.

Petitioner submits there is delay in trial. He prays for bail.

2.

Report is placed on record.

3.

Learned Advocate for the State opposes the bail prayer. He submits petitioner had prayed for deferment in trial.

4.

We have considered the materials on record.

Evidence of witnesses implicate the petitioner in the crime of murder and robbery. Delay in the matter is due to dilatory tactics resorted by the petitioner. He had prayed for deferment of proceeding.

5.

Hence, we are not inclined to grant bail to the petitioner either on merits or on the score of delay. 6.

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

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)