Calcutta High CourtCRM(M)/2092/2025dismissed

Abdul Wahab Khan @ Abdul v. The State Of West Bengal

2025-11-26Hon'Ble Justice Tirthankar Ghosh3 pages

26.11.2025 Serial no. 165 [G.S.D] CRM (M) 2092 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Session Case No. 28(12)/23 along with ST No. 01(04)/24 arising out of Basanti PS Case No. 567 of 2023 dated 02.07.2023 u/s 302/120B of the IPC. -AndIn the matter of : Abdul Wahab Khan @ Abdul Ohab Khan ... ... Petitioner(s) Mr. Joy Chakraborty Mr. S. Ganguly ... for the Petitioner(s) Mr. Anupam Das Adhikari Mr. Asif Deewan ... for the State-respondent(s) It has been submitted by the learned advocate for the petitioner that the petitioner is in custody for two years and three months. Learned advocate also submits that out of the 47 witnesses proposed to be examined by the prosecution, till date, only one witness has been examined as such, on any stringent condition the petitioner may be released on bail.

Learned advocate for the State opposes the prayer for bail and submits that three witnesses have been examined out of the proposed 47 witnesses.

I have considered the submissions as well as the earlier order passed in CRM(M) 4 of 2025.

Having considered the gravity of the offence, I am not inclined to release the petitioner on bail.

Hence, the prayer for bail of the petitioner is Rejected.

The Superintendent of Police of the concerned district would monitor day to day progress of the case and would ensure that witnesses are available on the date fixed by the learned trial court.

The learned trial court is directed to fix at least two schedule in a month consisting of three dates each so that substantial progress of at least 10 witnesses are examined by 15th May, 2025. No unnecessary adjournment be granted to any of the parties and the trial of the case would continue inspite of any resolution of the local Bar.

However, the petitioner would be at liberty to renew his prayer for bail after the aforesaid period is over. Accordingly, CRM(M) 2092 of 2025 is Rejected. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)