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Calcutta High CourtCRM/9036/2020rejected

Amirul Molla@Raju Molla v. State Of West Bengal

2020-11-10Hon'Ble Justice Arindam Sinha,Hon'Ble Justice Md. Nizamuddin2 pages

10.11.2020 D/L-25 pp CRM 9036 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Rajarhat P. S. Case No. 378 of 2019 dated 26.11.2019 under Section 21(c) of N.D.P.S. Act.

And In the matter of: Amirul Molla @ Raju Molla ....Petitioner.

Mr. Kamalesh Ch. Saha ...for petitioner.

Mr. Sanjoy Bardhan, Mr. Palash Chandra Majhi ...for State.

Petitioner undertakes to affirm and stamp the petition as per Rules within 48 hours of resumption of normal functioning of Court. Petition is taken up through video conference on the basis of such undertaking.

Mr. Saha, learned advocate appears on behalf of petitioner. He submits that his client has already been in custody excess of 365 days. Charge-sheet has long been filed. It cannot be that pending trial will cause his client to remain in custody.

Mr. Bardhan appears on behalf of State and opposes prayer for bail.

We have not been given any material for us to have reasonable ground for believing that petitioner is not guilty of offence alleged or he is accused of.

In view of above, we reject this application for bail with direction for trial being expedited. For that purpose, steps be taken for framing of charges.

CRM 9036 of 2020 is accordingly disposed of.

(Arindam Sinha, J.) (Md. Nizamuddin, J.)