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Calcutta High CourtCRM(M)/2191/2025rejected

Subrata Ghosh @ Kalu Ghosh v. State Of West Bengal

2025-11-06Hon'Ble Justice Tirthankar Ghosh2 pages

06.11.2025 Court No.35.

D/L. 9.

sudipta CRM (M) 2191 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Suti Police Station Case No. 477 of 2023 dated 14.08.2023 under Sections 302 / 120B / 506 / 34 of the IPC and Sections 25 / 27 of the Arms Act.

And In the matter of : Subrata Ghosh @ Kalu Ghosh ......Petitioner Mr. Usof Ali Dewan Mr. Asif Dewan Mr. Mehedi Masud ......for the Petitioner.

Mr. Ranabir Ray Chowdhury Mr. Sujoy Sarkar ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for two years two months and all other accused persons have been released on bail. It has also been submitted that there is no scope of the trial commencing as there is no effort on behalf of prosecution to exhaust the process of law in respect of all other accused person so that the case can be committed.

Learned advocate for the State submits that earlier the application for bail of the present petitioner has been rejected twice, one of the accused person is absconding as such case could not be committed. Prosecution has kept the case

pending for the purposes of apprehending the absconding accused persons.

In view of the present petitioner being in custody for more than two years two months, I direct the learned Committal Court to conclude the process of law so far as the absconding accused is concerned. Steps be taken by the Committal Court so that whole of the process is exhausted within a period of 75 days from date. In the meantime, in respect of rest of the accused persons, learned Committal Court would ensure supply of copies under 207 Cr.P.C. After the case is committed to the learned Sessions Court, learned Sessions Judge would ensure that within 45 days thereof steps are taken for consideration for the charges. Petitioner will be at liberty to approach this Court after charges are framed by the learned Trial Court.

Accordingly, CRM (M) 2191 of 2025 is dismissed at this stage.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)