Raju Shit v. State Of West Bengal

20.10.2020 DL No.30 Court No.12 Avijit Mitra CRM 8143 of 2020 CRAN 1 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ramnagar P.S. Case No.18/2019 dated 25.01.2019 under Sections 498A/323/313 of the Indian Penal Code.

And In the matter of: Raju Shit ....Petitioner.

Mr. Jayanta Narayan Chatterjee, Sk. Sahjahan Ali ...for the Petitioner.

Mr. Imran Ali, Mr. M.F.A. Begg ...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

We have considered the materials filed along with the case diary, the statement of the victim, medical report and on perusal and consideration of the materials it proves prima facie involvement of the petitioner in the commission of the alleged offence. Moreover it appears that the petitioner was absconding for 8 months after his application for anticipatory bail was rejected by a co-ordinate bench on 24th December, 2019.

In view of the aforesaid conduct of the petitioner, we are not inclined to release the petitioner on bail. However, petitioner can make legitimate claim for speedy and expeditious trial. Trial court is directed to take necessary steps to consider the issue of framing of charge at the earliest and in the event such charge is framed to conclude the trial as expeditiously as possible preferably within one year from the date of framing of charge without granting unnecessary adjournment to either of the parties.

The application for bail being CRM 8143 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.)