Mansa Mati Alias Manoj Mati v. State Of West Bengal

23.09.2020 Item No.35 Ct.No.11 dc.

Rejected C.R.M. 7148 of 2020 C.R.A.N. 1 of 2020 (Through Video Conference) In Re : An Application for bail under Section 439 of the Code of Criminal Procedure in connection with Amta P.S. Case No. 59 of 2018 dated 10.02.2018 under Sections 328/307 of the Indian Penal Code, 1860, charge-sheet submitted under Sections 328/302/201/109 of the Indian Penal Code. And In the matter of : Mansa Mati @ Manoj Mati ... Petitioner. Mr. Anindya Ghosh ... For the Petitioner.

Mr. N. Ahamed, Ms. Amita Gaur ... For the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

Learned advocate for the petitioner submits that the petitioner is in custody for about 900 days and only 5 witnesses have been examined by the prosecution till date, although more than 15 witnesses are yet to be examined. The learned advocate for the petitioner prays that as the petitioner is in custody for a considerable period of time and

there is slow progress of the case, further detention of the petitioner is unwarranted.

Learned advocate for the State opposes the prayer for bail of the petitioner and draws the attention of this Court to the relevant material which allegedly reflects the role of the present petitioner in the alleged commission of offence which also corroborates with the report of the medical expert. We have considered the materials on record as also the stage of the case and on consideration of the same, we are of the opinion that the nature and gravity of the offence coupled with the complicity of the present petitioner do not warrant his release at this stage. Accordingly, prayer for bail of the petitioner is rejected.

CRM 7148 of 2020 and CRAN 1 of 2020 are disposed of.

(Tirthankar Ghosh, J.) (Samapti Chatterjee, J.)