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Calcutta High CourtCRM (DB)/4129/2023rejected

Asim Ghosh And ANR v. State Of West Bengal

2023-10-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

tkm 19.10.2023 Ct. No.28 C.R.M. (DB) 4129 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sonamukhi P.S. Chargesheet No. 19 of 2016 dated 19/02/2015 under Sections 147/148/149/325/326/302/379 of the Indian Penal Code. And In the matter of: - Asim Ghosh & Anr.

....petitioners.

Mr. Arkaprabho Roy, Mr. Rhiddhiman Mukherjee ...for the petitioners.

Mr. Rudradipta Nandy, Mr. Subroto Roy ...for the State.

1. Petitioner no.1 is in custody for 778 days. Petitioner no.2 is in custody for 673 days. They contend there is slow progress in trial. They renew their bail prayer.

2. Learned advocate for the State submits trial has substantially progressed. Examination of the last witness is fixed in November, 2023.

3. We have considered the materials on record. Allegations are vague and offences if proved would attract mandatory life imprisonment. Trial has substantially progressed and date has been fixed for examination of the last prosecution witness.

4. Under such circumstances and in view of gravity of offence, we are not inclined to grant bail to the petitioners.

5. The application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)