← Library
Calcutta High CourtCRM/7532/2020rejected

Prbir Patra v. State Of West Bengal

2020-10-16Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Subhasis Dasgupta2 pages

16.10.2020 Item no. 17 Ct.11 FB/G. S. Das C.R.M. No.7532 of 2020 With CRAN 1 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Sadaipur Police Station Case No. 91 of 2016 dated 08.11.2016 under Sections 498A/302/304B/34 of the Indian Penal Code, 1860, corresponding to Sessions Case No. 55 of 2017. And In the matter of:- Prabir Patar ... Petitioner Mr. Kunal Ganguly Mr. Soumyajit Das Mahapatra .. for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerji ..for the State The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Learned Counsel for the petitioner prays for bail. It is submitted that the petitioner is in custody for more than four years.

Mr. Ghosh, Learned State Counsel, strongly opposes the prayer for bail having regard to the gravity of charges. Mr. Ghosh submits that the death of the victim was homicidal in nature.

When questioned by this Court about the present status of the trial, Learned State Counsel submits that 18 witnesses have been examined and only two remain to be examined.

Having regard to the present status of the trial and the gravity of charges, this Court is persuaded not to accept the prayer for bail of the petitioner at this stage.

The prayer for bail stands thus rejected.

Learned Trial Court is requested to conclude the trial as expeditiously as possible.

CRM 7532 of 2020 and CRAN 1 of 2020 are disposed of. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to convenience with all requisite formalities.

(Subhasis Dasgupta, J.) (Subrata Talukdar, J.)