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Calcutta High CourtCRM (DB)/98/2025rejected

Sanjoy Sarkar @ Sanjay Sarkar v. The State Of West Bengal

2025-02-27Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

27-02-2025 (ct. no. 29) KOLE CRM (DB) 98 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Baishnab Nagar Police Station Case No. 265 of 2020 dated 01.06.2020 under Sections 498A/302/34 of the Indian Penal Code. - A n d - In the matter of : Sanjoy Sarkar @ Sanjay Sarkar .... Petitioner.

Mr. Mrityunjoy Chatterjee, Mr. I. Haque, Mr. Akash Sarkar, ... For the Petitioner.

Mr. Debabrata Chatterjee, Mr. S. Datta, ... for the State.

Dictated by Arijit Banerjee, J:- 1.

Status report filed by the State be kept with the records. 2.

We find from the report that 11 out of 13 charge sheet named witnesses have been examined in full. PW 12 is in the process of being examined. After this witness only the Investigating Officer will have to be examined.

3.

It is true that the petitioner has been in custody for a long period of time. However, we see from the material on record that there is sufficient incriminating evidence against the petitioner. He is the husband of the deceased lady. The post-mortem report indicates multiple injuries on the body of the victim lady. Witnesses implicate him squarely. If convicted, he will have to suffer a minimum punishment of life term.

4.

In view of the material on record and seeing that the trial is likely to conclude very early, we are not inclined to enlarge the petitioner on bail, at this stage.

5.

CRM (DB) 98 of 2025 is, thus, dismissed.

6.

However, considering that the petitioner is in custody for quite some time, and there was an earlier direction for expeditious disposal of the trial, we direct the learned Trial Court to adopt all possible measures to ensure that the trial is concluded on an early date without granting unnecessary adjournments to either of the parties and if necessary by preponing the next date fixed for trial which we are told is March 24, 2025.

7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )