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Calcutta High CourtCRM/8385/2020rejected

Prakash Show v. State Of West Bengal

2020-10-21Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Abhijit Gangopadhyay2 pages

21.10.2020 Court No.03 Item No. 56 rpan Bail Rejected CRM 8385 of 2020 (Via video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Malipanchghora P.S. Case No. 64 of 2016 dated 11.03.2016 under sections 365/364/302/201/379/411/468/471/34 of the Indian Penal Code.

And In Re : Prakash Show ......Petitioner Mr. Soumya Basu Roy Chowdhuri ....For the Petitioner Mr. Madhusudan Sur, Mr. Dipankar Pramanick .......For the State It is submitted on behalf of the petitioner that he is in custody over four years. He renews his prayer for bail. He submits that there is no progress in the trial of the case.

Learned lawyer for the State submits that the petitioner had fled away with the truck after murdering the driver on the highway. There are criminal antecedents of the petitioner and he was arrested from different State.

We have considered the materials on record. There are ample materials connecting the petitioner with the alleged crime. Delay in progress of trial is due to prevailing pandemic conditions. Consequentially, we are not inclined in granting bail to the petitioner at this stage.

However, in view of the protracted period of detention suffered by the petitioner, we request the trial court to resume the trial through physical mode or via virtual mode, as may be appropriate.

The application for bail, being CRM No. 8385 of 2020, is accordingly rejected.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this court. (Abhijit Gangopadhyay, J) (Joymalya Bagchi, J)