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Calcutta High CourtCRM (DB)/3821/2024dismissed as rejected

Saiful Sk And ANR v. The State Of West Bengal

2025-02-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

14.02.2025 Court No.26 S.D.

CRM (DB) 3821 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Magrahat Police Station Case No. 168 of 2012 dated 04.05.2012 under Sections 341/302/326/307/34 of the Indian Penal Code, 1860. -AndIn the matter of: Saiful Sk & Anr.

... ... Petitioner s Mr. Supriyo Sasmal ... ... For the Petitioners Mr. Debasish Roy, Ld. P.P.

Mr. Arijit Ganguly Mr. Koushik Kundu ... ...For the State Petitioners pray for bail.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for 2 years and 9 months. None of the prosecution witnesses were able to identify the role of the petitioners in the murder. He submits that, his clients surrendered in terms of the order of the Coordinate Bench granting interim bail.

Learned advocate appearing for the State submits that, the trial is in progress. Even today is the date fixed for examination of the Investigating Officer. He submits that, while on interim bail, petitioners threatened the defacto

complainant and a General Diary to that effect was lodged with the police.

We find that the trial is at the fag end. The Investigating Officer as the last witness of the prosecution is on the witness box.

There is an allegation of violation of the terms of the Court on interim bail. We are not minded to enter into the arena at this stage.

Since the trial is at the fag end, we do not find it desirable to enlarge the bail at this stage and the prayer for bail of the petitioners is rejected.

The application being C.R.M. (DB) 3821 of 2024 stands dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)