Rafikul Mondal @ Rafik v. State Of West Bengal
30.11.2022 sdas rejected C.R.M. (DB) No. 4224 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bishnupur Police Station Case No. 484 of 2020 dated 17.09.2020 under Sections 302/34 of the Indian Penal Code.
And In Re : Rafikul Mondal @ Rafik ..... petitioner Mr. Debarshi Barhma Mr. Sandip Dinda ... for the petitioner Ms. Anasuya Sinha Mr. Pinak Kumar Mitra ... for the State Learned Counsel appearing for the petitioner submits he is in custody for over 800 days. It is also submitted that the incident occurred in the course of a sudden quarrel amongst family members. Petitioner did not have intention to murder the victim. Petitioner prays for bail.
We have considered the materials on record. Statements of the witnesses show the petitioner had assaulted the deceased with a knife resulting in his death. In view of the aforesaid incriminating fact and gravity of the offence, we are not inclined to grant bail to the petitioner.
The application for bail is, thus, rejected. Trial court is directed to expedite the trial and conclude the same at an early date preferably within one year from the
next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)