Shribash Biswas @ Shribas v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 30-09-2020 Subha Item no.09 rejected C.R.M. No. 6927 of 2020 Shribash Biswas @ Shribas -vsThe State of West Bengal With CRAN 1 of 2020 (Via video conference) In Re: An application for bail under Section 439 CrPC in connection with Saktipur P.S. Case No. 32 of 2020 dated March 15, 2020 under sections 376 of the Indian Penal Code.

Mr. Sandip Kundu ..for the petitioner. Mr. Imran Ali Mr. Mirza Firoz Ahamed Begg ... for the State. The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. Accordingly, CRAN 1 of 2020 is disposed of. The learned advocate appearing on behalf of the petitioner submits that the petitioner is in custody for about 206 days and although the charge-sheet has already been submitted, yet there has been no progress in the instant case.

The learned advocate appearing on behalf of the State strongly opposes the prayer for bail and produces the

memorandum of evidence along with the statement of the victim under Section 164 of the Code of Criminal Procedure. The learned advocate for the State also draws the attention of this Court to the Order dated 7th July, 2020 passed in CRM 4152 of 2020. We have taken into account the materials appearing against the present petitioner and on appreciation of the same, we are not inclined to release the petitioner on bail at this stage when the issue of charge is yet to be considered by the learned trial court.

As such, the prayer for bail of the present petitioner is rejected.

With the aforesaid, CRM 6927 of 2020 is disposed of. [Tirthankar Ghosh, J] [Samapti Chatterjee, J]