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Calcutta High CourtCRM(M)/2447/2025dismissed

Surajit Mukherjee @ Rahul v. State Of West Bengal And ANR

2025-11-26Hon'Ble Justice Tirthankar Ghosh2 pages

26.11.2025 Court No.35.

D/L. 19.

Rakib (Rejected) CRM (M) 2447 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chetla Police Station Case No. 243 of 2017 dated 09.11.2017 under Sections 376/419 of the Indian Penal Code.

And In the matter of : Surajit Mukherjee @ Rahul. ......Petitioner.

Mr. Abhimanyu Banerjee Mr. Arnab Saha ......for the Petitioner.

Mr. Sandip Chakraborty Ms. Puja Goswami ......for the State.

Mr. Sachit Talukdar ....for the de-facto complainant.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for seven years and the prosecution has failed to conclude the evidence, as such the petitioner may be released on bail. Attention of the Court was drawn to the earlier orders including the last orders passed by the Coordinate Bench which reflects that the prosecution intended to examine 16 witnesses.

Mr. Chakraborty, learned advocate appearing for the State submits that presently the examination of the investigating officer is in progress and on last few occasions it is the accused who contributed to the delay.

It has been pointed out lastly that the learned trial Court is presently vacant.

In view of the prolonged detention of the petitioner, the Court which will be in-charge of the Learned Additional District & Sessions Judge, 7th Court, Alipur would continue with the cross-examination of the present case, if the learned trial Court is not available.

All efforts be made to conclude the trial and pronounce the verdict by 31st of March, 2026.

No unnecessary adjournment be granted to any of the parties and the trial of the case would continue in spite of the resolution of the local bar.

With the aforesaid observations CRM (M) 2447 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.)