Dinesh Prasad Jaiswal v. State Of West Bengal & ORS.

02.08.2021 Item No.2 Ct.No.34 dc.

C.R.M. 11285 of 2015 (Via Video Conference) In Re : An Application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure.

And In Re :

Dinesh Prasad Jaiswal ... Petitioner.

Mr. Arijit Ganguly, Mr. Sandip Chakraborty ... For the State.

This application for cancellation of bail was filed in the year 2015. The Inspector-in-Charge of Pradhan Nagar Police Station has submitted a report. Let the said report dated 25.07.2021 be kept with the record.

The report reflects that except one of the accused, viz., Bharat Singh, all the accused persons are on court bail. In view of the time period, which has elapsed in the meantime, I am of the opinion that the circumstances have changed and as such, after a long lapse of time, interference with the order of bail would be prejudicial to the administration of justice. However, from the report, so submitted by the Inspector-in-Charge of Pradhan Nagar Police Station, I find that the trial of the case is yet to commence because of one of the accused person who is not participating in the trial.

In view of the aforesaid report so submitted, I direct the jurisdictional Magistrate to expedite the process of

appearance and exhaust the same. If any of the accused is not before the court, the learned Magistrate would segregate the case and take steps for commencing the trial within two months from the date of communication of this order. With the aforesaid directions, CRR 11285 of 2015 is disposed of.

Department is directed to communicate this order to the learned court below within a period of seven days from date.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)