← Library
Calcutta High CourtCRM (DB)/4142/2022dismissed as not pressed

Reena Banerjee @ Rina Banerjee v. State Of West Bengal

2022-11-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

28.11.2022 Sl. No.25 akd [Dismissed as withdrawn] C. R. M. (DB) 4142 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.11.2022 in connection with Baduria Police Station Case No.815 of dated 22.11.2016 under Sections 369/370(5)/315/120B/34 of the Indian Penal Code read with Sections 75/80/81 of the Juvenile Justice (Care & Protection) Act, 2015 and charge sheet submitted under Sections 370(5)/315/318/367/368/304/419/420/467/201/34/120B of the Indian Penal Code read with Sections 75/80/81 of the Juvenile Justice (Care & Protection) Act, 2015 and Section 5 of the Medical Termination of Pregnancy Act, 1971.

And In Re: Reena Banerjee @ Rina Banerjee ... ... Petitioner Mr. Jayanta Narayan Chatterjee Mr. Dwaipayan Biswas Ms. Moumita Pandit Ms. Nandini Chatterjee Ms. Jayashree Patra Ms. Sreeparna Ghosh ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mrs. Sonali Das ... ... for the State It is submitted on behalf of the petitioner that she is in custody for about six years.

Learned Public Prosecutor opposes the prayer for bail and submits though co-accuseds are on bail, petitioner stands on a different footing from the said co-accuseds. She was the owner of a de-addiction centre. Ten infants were recovered from the de-addiction centre. Bail prayer of another co-accused viz. Paromita Chatterjee, owner of the nursing home from which children were sold, was turned down by this court on 21.11.2022 in CRM (DB) 4015 of 2022 and trial court was directed to conclude the trial within three months.

In view of the aforesaid directions in CRM (DB) 4015 of 2022, learned advocate for the petitioner wishes to withdraw the instant bail application with liberty to file afresh, if trial is not completed within the stipulated time frame.

Accordingly, this application stands dismissed as withdrawn. Needless to mention trial court shall take all steps to conclude the trial as per the directions given by this court in CRM (DB) 4015 of 2022.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)