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Calcutta High CourtCRM/7728/2020rejected

Gourhari Ghorai @Sanju v. State Of West Bengal

2020-11-17Hon'Ble Justice Soumen Sen,Hon'Ble Justice Saugata Bhattacharyya1 pages

17.11.2020 SL No.16 Court No.12 (GB) CRM 7728 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tamluk P.S. Case No.764/2019 dated 17.12.2019 under Sections 363/365 and added Section 376(2)(n) of the Indian Penal. And In the matter of: Gourhari Ghorai @ Sanju.

....Petitioner.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick.

...for the Petitioner.

Mr. Pradipta Ganguly.

...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. In view of the fact that the charge-sheet was filed on 31st March, 2020 and the charges have been framed on 7th October, 2020 and also having regard to the fact that a Coordinate Bench declined to grant bail on 26th June, 2020 relying upon the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and as there has been no change in circumstances since the last order of rejection we are not inclined to allow this application. However, we direct the trial court to expedite the trial and conclude the same preferably within a period of six months from the date of communication of this order by either of the parties. The trial court shall not grant any adjournment to either of the parties unless it is unavoidable.

(Soumen Sen, J.) (Saugata Bhattacharyya, J.)