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Calcutta High CourtCRM/7890/2020rejected

Jalil Sk And ANR v. State Of West Bengal

2020-10-15Hon'Ble Justice Harish Tandon,Hon'Ble Justice Shampa Sarkar2 pages

15.10.2020 D. List no.13.

Bpg & Jks.

CRM 7890 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nowda Police Station Case No.20 of 2000 dated 15.03.2000 under Section 302/34 of the Indian Penal Code.

And In the matter of: Jalil Sk. and another

...Petitioners.

Mr. Shahan Shah. ...for the Petitioners. Mr. Saibal Bapuli, Ms. Sayanti Santra.

...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

This is the renewal prayer for bail at the behest of the petitioners who were absconding for nearly 17 years and were arrested some time in the year 2017. The earlier application for bail being CRM 10650 of 2019 was dismissed on 18.11.2019 with the firm belief that the trial court would expedite the case and conclude the same at an early date.

The learned advocate for the petitioners submits that though some of the witnesses have been examined but there has been a delay in disposal of the case and, therefore, the petitioners should be released on bail.

Considering the submissions so advanced and the fact that the trial has reached an advanced stage as some of the witnesses have already been examined, we do not feel that it is the fit case

that the petitioners should be released on bail more particularly as they avoided the arrest for nearly 17 years.

The prayer for bail is rejected. However, we request the learned Sessions Judge to make efforts to bring the case to its logical end.

CRM 7890 of 2020 is rejected.

(Harish Tandon, J.) (Shampa Sarkar, J.)