Arjun Ghosh v. State Of West Bengal
17.11.2020 SL No.24 Court No.12 (jks & SB) CRM 7744 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Manikchak P.S. Case No.252/2019 dated 16/07/2019 under Sections 302/34 of the Indian Penal Code.
And In the matter of: Arjun Ghosh.
....Petitioner.
Ms. Sonali Das, ...for the Petitioner.
Mr. Madhusudan Sur, Mr. Dipankar Pramanik ...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. The learned Counsel for the petitioner renewed his prayer for bail. The first paragraph of the petition is ambiguous as it does not state the real facts. This time to avoid embarrassment different advocate has been engaged to move this application. It appears that at least twice in the past the application for bail was rejected by coordinate Benches upon inter alia holding that the Case Diary disclosed prima facie involvement of the petitioner in the alleged crime and having regard to the gravity of the offence the coordinate Benches have declined to exercise discretion in favor of the petitioner. The last of such order was passed on 27th July, 2020 in CRM 5032 of 2020. Since there has been no change in the circumstances from the last order of rejection we are not inclined to allow this
application. However, we direct the trial court to expedite the trial as six witnesses have already been examined.
The petition is dismissed with cost assessed at Rs.10,000/- to be paid by the petitioner to the State Legal Services Authority for suppression of the aforesaid orders and in future no application for bail of the petitioner shall be entertained without first showing the compliance of this order.
All parties are to act on a website copy of this order on the usual undertaking.
(Saugata Bhattacharyya, J.) (Soumen Sen, J.)