Soumitra Mridha v. State Of West Bengal

19.12.2023 tkm/ct 28 C.R.M. (DB) 4445 of 2023 sl no. 81 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bhadreswar P.S Case no. 69 dated 17.2.2022 for the offence punishable under section 420/406/409/467/468/471/477A/34 IPC And Allowed In Re : Soumitra Mridha ........ petitioner Mr. Navanil De Mr. R Chakraborty Mr. S Ghosh Mr. S Dey Ms. Monami Mukherjee ...... for the petitioner Mr. Debasish Roy, ld PP Ms. R D Nandy Ms. Mamata Jana ...... for the State 1.

Petitioner is in custody for one year and nine months. He contends there is no possibility of trial concluding in the near future. He prays for bail.

2.

Learned lawyer for the State submits petitioner was a Branch Manager and had misappropriated 1.41 crores. 3.

We have considered the materials on record. No doubt allegations involve corruption by a public servant but he is suffering incarceration for one year and nine months and there is little possibility of trial concluding in the near future. 4.

Under such circumstances we are of the opinion further detention of the petitioner would infract his right to speedy trial and he is entitled to bail on this score.

5.

Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned

Judge, Special Court cum Additional District & Sessions Judge, 1st Court at Hooghly, Chinsurah on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. 7.

The application being CRM (DB) 4445 of 2023 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)