Calcutta High CourtCRM(M)/2631/2025dismissed

Sadikujjaman @ Sadek Sk v. State Of West Bengal

2025-12-11Hon'Ble Justice Tirthankar Ghosh3 pages

11.12.2025 Serial no. 24 [G.S.D] CRM (M) 2631 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Beldanga Police Station Case No. 518 of 2020 dated 04.12.2020 u/s 341/302/34 of the IPC arising out of GR No. 4325 of 2020, S. Sl No. 136 of 2021.

-AndIn the matter of : Sadikujjaman @ Sadek Sk ... Petitioner(s) Mr. Robiul Islam Mr. M. Rahaman ... for the Petitioner(s) Ms. Sonali Das Mr. Dattatreye Dutta ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for 498 days and without any rhyme or reason, he has been behind the Bar, as such, on any stringent condition, he may be released on bail. Learned advocate for the State opposes the prayer for bail and submits that the petitioner had been evading the process of law and appeared when all the witnesses were over. Consequently, denovo trial had to be started because of the petitioner being arrested before the court of law. The learned trial court has recalled some of the witnesses and some witnesses are still left. It has been submitted that the prosecution is in a position to conclude the recalled witnesses within a period of three months.

Having considered the stage of the case, I am not inclined to enlarge the petitioner on bail, at this stage. Hence, the prayer for bail of the petitioner is Rejected.

However, the trial court is directed to complete the witness action by 31st March, 2026 and within a month from the said date, examination under section 313 of the Cr.P.c. be completed. No unnecessary adjournments be given to any of the parties and the trial of the case would continue inspite of any resolution of the local Bar.

The petitioner would be at liberty to renew his prayer for bail after 30th April, 2026.

Accordingly, CRM(M) 2631 of 2025 is dismissed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)