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Calcutta High CourtCRM (DB)/4619/2022rejected

Mahendra Prasad @ Narendra Prasad @ Narendra v. State Of West Bengal

2023-01-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

13.01.2023 sdas rejected C.R.M. (DB) No. 4619 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with STF Police Station Case No.

of dated 15.12.2018 under Sections 120B/489B/489C of the Indian Penal Code.

And In Re : Mahendra Prasad alias Narendra Prasad alias Narendra ..... petitioner Mr. Samir Kumar Adhikari ... for the petitioner Mr. Rudradipta Nandy, learned APP Ms. Sonali Das ... for the State Learned Counsel for the petitioner submits he is in custody for 1489 days. There is delay in trial. He prays for bail. Report submitted by the learned Counsel for the State is placed on record. From the report it appears that the petitioner had contributed to the delay. He is presently unrepresented before the trial court.

We have considered the materials on record. In view of the fact that the petitioner is unrepresented before the trial court, we sought clarification in that regard from the learned Counsel representing him in the bail application. He is unable to give any proper explanation. From the aforesaid circumstance, it appears that the withdrawal of the Counsel from the trial proceeding is to further delay the matter. Be that as it may, we direct the trial court to take immediate steps to ensure legal representation of the petitioner through a lawyer from the panel

of the District Legal Services Authority, if necessary and proceed with the trial. There are ample materials implicating him in trafficking fake Indian currency notes.

Under such circumstances, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

Trial court is directed to expedite the trial and conclude the same at an early date without granting unnecessary adjournments to either of the parties.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)