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Calcutta High CourtCRM (DB)/4642/2022rejected

Johab Ahmed @ Jokeb Ahmed @ Zohaib v. State Of West Bengal

2023-01-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

04.01.2023 Sl. No.9 akd [Rejected] C. R. M. (DB) 4642 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.12.2022 in connection with Kolkata Leather Complex Police Station Case No.103 of 2020 dated 08.10.2020 under Sections 395/397 of the Indian Penal Code and Sections 25(1B)(A)/27 of the Arms Act.

And In Re: Johab Ahmed @ Jokab Ahmed @ Zohaib ... ... Petitioner Ms. Minoti Gomes Mr. Kalidas Saha Mr. Sourav Paul ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Manoranjan Mahata ... ... for the State Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner that he is in custody for more than two years. It is further submitted there is little possibility of the trial concluding in near future.

Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. We find bail prayer of the petitioner was rejected in October, 2022. There is no change in circumstance since then. Trial is in progress. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

Trial court is directed to conclude the trial at an early date preferably within one year from the next date fixed for recording

evidence without granting unnecessary adjournments to either of the parties.

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