Mahibulla Sardar @ Mintu v. State Of West Bengal

D/L30 10.12.2025 Bpg.

Dismissed C.R.M. (M) 2606 of 2025 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (previously Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Deganga Police Station Case No.1011/2014 dated 22.12.2014 under Sections 302/34 of the Indian Penal Code;

Mahibulla Sardar @ Mintu

Versus

The State of West Bengal Mr. Sumanta Chakraborty.

...for the petitioner.

Mr. Ranabir Roy Chowdhury Ms. Ankita Paul.

...for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 3 years 8 months and there has been hardly any progress of the trial. It has been submitted only 6 witnesses out of the proposed 17 witnesses have been examined till date. It is insisted by the learned advocate that there is no possibility of the trial concluding in near future, as such, the petitioner may be released on bail on any stringent conditions. On the other hand, learned advocate for the State submits that the petitioner was absconding for six years, earlier on ten occasions the prayer for bail of the petitioner has been dismissed. The prosecution is unable to trace out the witnesses, as such, there is a delay in trial.

Having considered the gravity of the offence, I am not inclined to release the petitioner on bail.

Accordingly, CRM(M) 2606 of 2025 is dismissed. However, learned trial court is directed to fix a schedule in each and every month so that the trial can be concluded at the earliest.

All parties shall act on the server copy of this order duly 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 of all requisite formalities.

(Tirthankar Ghosh, J.)