Saddam Sk @ Saddam Hossain And ORS. v. State Of West Bengal
62.
02.01.2025 Court No.29 (Tanmoy) Rejected
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1854 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Jiaganj Police Station Case No. 276/2022 dated 09.10.2022 under Sections 21(c)/29 of the NDPS Act, 1985.
And In the matter of: - Saddam Sk @ Saddam Hossain & Ors. ...petitioners.
Mr. Tapodip Gupta ...for the petitioners.
Mr. Iqbal Kabir Mr. Abhinaba Mukherjee ...for the State.
Dictated by Arijit Banerjee, J.
1. The petitioner no.3 renews his prayer for bail which rejected earlier by a co-ordinate Bench by an order dated September 4, 2024, in CRM 1353 of 2024. The other petitioners have approached this Court for the first time.
2. While rejecting the bail prayer, the co-ordinate Bench had directed the learned Trial Court to expedite the trial and conclude the same on an early date but positively within six months from the next date fixed for recording of evidence.
3. Learned Advocate for the petitioners candidly submits that the six months' period has not yet expired.
4. Learned Advocate for the State, while opposing the prayer for bail, says that January 6, 2025, has been fixed as the date Signed By :
TANMOY GHOSH High Court of Calcutta 3 rd of January 2025 12:14:42 PM
for examination of witnesses under Section 313 of the Code of Criminal Procedure, 1973.
5. We, therefore, see that the trial is on the verge of conclusion and the learned Trial Court still has a few months to conclude the trial. Hence, we are not inclined to entertain the petitioners' prayer for bail, at this stage. The prayer for bail is rejected.
6. The application being CRM (NDPS) 1854 of 2024 is accordingly dismissed.
7. However, considering that the petitioners are in custody for about two years and two months, we request the learned Trial Court to conclude the trial on an early date. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :
TANMOY GHOSH High Court of Calcutta 3 rd of January 2025 12:14:42 PM