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Calcutta High CourtCRM (DB)/4635/2022rejected

Rijabul Mondal @ Reja @ Rejabul Mondal v. State Of West Bengal

2023-01-30Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

30.01.2023 tkm/ct 28 C.R.M. (DB) 4635 of 2022 sl no.32 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chakdaha Police Station Case No. 263 of 2018 dated 10.8.2018 under Sections 302/34 of the IPC And In Re : Rijabu Mondal @ Reja @ Rejabul Mondal ........ petitioner Mr. S Bhattacharyya ...... for the petitioner Mr. M Sur Mr. D Paramanik ...... for the State Petitioner is in custody for more than four years. He submits there is delay in trial. He prays for bail.

Report is placed on record. From the report it appears that two vital witnesses namely wife and brother of the deceased are yet to be examined. Date had been fixed for examination of the said witnesses, before the trial court. However, due to non-availability of the judge, witnesses could not be examined. Next date has been fixed on 13.2.2023.

In view of the gravity of the offence involving murder and as vital witnesses, that is relations of the deceased are to be examined shortly, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, prayer for bail is rejected.

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