Kohinoor Bibi @ Ratna Bibi v. State Of West Bengal

10.

21.02.2025 Court No.26 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 4232 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 Tiljala Police Station Case No.158/2017 dated 17.06.2017 under Sections 14A(b)/14(A)(c) of the Foreigners Act.

And In the matter of: - Kohinoor Bibi @ Ratna Bibi. .....petitioner.

Mr. Angshuman Chakraborty, Mr. Shashanka Sekhar Saha, ...for the petitioner.

Mr. Binoy Kumar Panda, Mr. Bikram Mitra ....for the State.

1. Petitioner is in custody for in excess of 7 (seven) years and 1 (one) months.

2. Learned advocate appearing for the State submits that, there is hardly any possibility of the trial ending anytime soon since, no evidence was recorded by the learned trial judge.

3. Learned advocate appearing for the State submits that, there were three criminal antecedents so far as the petitioner is concerned. In one criminal case, petitioner was convicted.

4. We find from the records, initially, the trial was before the learned Magistrate, who at the stage of argument after recording statements under Section 313 of the Cr.P.C., found it prudent to

transfer the case for trial before the Sessions court. At the Sessions court, transfer took place on July 19, 2022.

5. Given the criminal antecedents of the petitioner and the fact that she stands convicted in one of the criminal cases, we do not find it desirable to enlarge the petitioner on bail.

6. It is expected that the learned trial judge disposes of the trial as expeditiously as possible without granting any unnecessary adjournments to any of the parties.

7. The prayer for bail is, thus, rejected.

8. CRM (DB) 4232 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)