Gopal Ghosh v. State Of West Bengal

15.10.2020 SL No.16 Court No.12 (gc/suman) CRM 7833 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotwali P.S. Case No.459/2018 dated 26.09.2018 under Section 302/34 of Indian Penal Code and under Section 25/27 of the Arms Act. And In the matter of: Gopal Ghosh ....Petitioner.

Ms. Karabi Roy ...for the Petitioner.

Mr. N. Ahmed, Ld. A.P.P.

Ms. Anita Gaur ...for the State.

The learned Counsel for the petitioner submits that the petitioner has been falsely implicated. Although, the needle of suspicion should be towards the Doctor but for some unknown reasons, the Doctor was discharged.

The learned Counsel for the State submits that the weapon which was used for killing was recovered on the basis of a written statement of the present petitioner.

Having considered the materials on record and having regard to the fact that the weapon was recovered on the basis of the written statement of the petitioner and the trial has progressed substantially, we are not inclined to grant bail to the petitioner.

Since the charges have already been framed and the statute requires that the trial has to be completed within one year, we direct the Trial Court to conclude the proceeding as expeditiously as possible preferably within a period of one year from the date of

communication of this order by either of the parties without granting any unnecessary adjournment to either of the parties. Accordingly, the application for bail being CRM 7833 of 2020 is rejected.

All parties are to act on a website copy of this order on the usual undertaking.

(Aniruddha Roy, J.) (Soumen Sen, J.)