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Calcutta High CourtCRM/7308/2020rejected

Mustakin Sk.Musta v. State Of West Bengal

2020-12-24Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

24.12.2020.

23.

as (Rejected) C.R.M. 7308 of 2020 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Thanapara P.S. Case No.202 of 2017 dated 24.12.2017 under Sections 326/307/302/120B/34 of the Indian Penal Code. In the matter of : Mustakin Sk. @ Musta.

... Petitioner.

Mrs. Karabi Roy.

...for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P., Mr. Dipankar Paramanick.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

We have considered the materials on record. Delay in trial is due to prevailing pandemic conditions. Statements of witnesses disclose role of the petitioner in the alleged murder. In view of the facts and circumstances of the case and the gravity of the offence, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

However, in view of the protracted period of detention suffered by the petitioner, we request the Trial Court to conclude the trial at an early date preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. (Suvra Ghosh,J.) (Joymalya Bagchi, J.)