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Calcutta High CourtCRM (DB)/4144/2022rejected

Sekh Salamat And ANR v. State Of West Bengal

2022-11-25Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

25.11.2022 Sl. No.38 akd [Rejected] C. R. M. (DB) 4144 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.11.2022 in connection with Pursuah Police Station Case No. 80 of 2021 dated 13.06.2021 under Sections 326/307/302/506/34 of the Indian Penal Code. (G.R. Case No.737 of 2021) And In Re: Sekh Salamat & Anr.

... ... Petitioners Mr. Nitai Ch. Saha Mr. Niladri Sekhar Ghosh Mr. Abhijit Ch. Majumder ... ... for the petitioners Mr. Sudip Ghosh Mr. Bitasok Banerjee ... ... for the State Petitioners renew their prayer for bail. It is submitted on behalf of the petitioners that there is delay in progress of the matter before the court below.

Learned advocate appearing for the State opposes the prayer for bail and submits petitioners and others assaulted number of victims, one of whom succumbed to injuries.

We have considered the materials on record. Statements of witnesses implicate the petitioners in the offence. Their bail prayer was rejected earlier on merits. In view of the aforesaid incriminating materials and gravity of the offence, we are of the opinion this is not a fit case to grant bail to the petitioners at this stage. The application for bail is thus rejected.

Trial court is directed to consider the issue of framing of charge at the earliest and in the event charge is framed, to take the proceeding to its logical conclusion without unnecessary delay. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)