Akbar Mondal Alias Akbar Ali Mondal v. State Of West Bengal

20.10.2020 DL No.26 Court No.12 Avijit Mitra CRM 8138 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotulpur P.S. Case No.79/2017 dated 17.04.2017 under Sections 147/148/149/324/325/326/302 of the Indian Penal Code. And In the matter of: Akbar Mondal alias Anbar Ali Mondal ....Petitioner.

Mr. Sankha Subhra Ray ...for the Petitioner.

Mr. Sudip Ghosh, Mr. Bitasok Banerjee ...for the State.

The learned counsel for the petitioner has prayed for bail. It appears from the record that prior to this application six times the petitioner had approached this Court for similar reliefs and in all these six occasions the applications for bail were rejected. The last rejection was on 24th June, 2020 passed in C.R.M. No.4102 of 2020 by a co-ordinate bench. The reason being that the matter was rejected earlier by successive Co-ordinate Benches and the Hon'ble Supreme Court has also rejected his prayer for bail. Since there has been no change in circumstances when the order of rejection was passed last and the trial has progressed substantially and eight witnesses have already been examined out of 19 witnesses, we are not inclined to release the petitioner on bail.

However, taking into consideration the earlier orders passed by the co-ordinate benches and more particularly the

order dated 4th July, 2018 passed in C.R.M. No.3552 of 2018, we direct the learned Additional Sessions Judge, Bishnupur, Bankura to complete the trial preferably within a period of one year from the date fixed next without granting any adjournment to either of the parties.

The application for bail being CRM 8138 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.)