← Library
Calcutta High CourtCRM(M)/2563/2025dismissed

Sarafat Gazi v. State Of West Bengal

2025-12-08Hon'Ble Justice Tirthankar Ghosh2 pages

08.12.2025 Court No.35.

D/L. 27.

Rakib (rejected) CRM (M) 2563 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 Joynagar Police Station case no. 945 of 2018 dated 28.09.2018 under Sections 302/34 of the Indian Penal Code and under Sections 25/27 of the Arms Act.

And In the matter of : Sarafat Gazi.

......Petitioner.

Mr. Sabyasachi Chatterjee Mr. Badrrul Karim Mr. Sarajit Roy Mr. Aritra Ghosh Ms. Monalisha Sinha ......for the Petitioner.

Mr. Rudradipta Nandy, Ld. APP Mr. Nirupam Dhali ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody from August, 2024 and other accused persons have been granted bail. Petitioner is on a better footing than the other accused persons who are on bail so far as the merits of the case is concerned. Learned advocate for the State opposes the prayer for bail and submits that 10 witnesses have been examined out of proposed 22 witnesses. It has been contended that similar was the situation in the month of March, 2025.

As a matter of last chance prosecution is granted three months time to conclude at least 7 witnesses.

As such prayer for bail being CRM (M) 2563 of 2025 is dismissed at this stage.

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

I direct categorically that sincere efforts be exerted by the prosecution to progress with the case and abide by the directions passed above.

Petitioner would renew his prayer for bail after the aforesaid period is over.

Learned advocate for the State would communicate this order to the learned trial Court through the Public Prosecutor appearing in the Sessions Trial.

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.)