Asima Biswas v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 10-11-2020 Prabir/Subha Item no.37 rejected C.R.M. No. 9055 of 2020 Asima Biswas -vsThe State of West Bengal (Via video-conference) In Re: An application for bail under Section 439 CrPC in connection with Hanskhali P.S. Case No.256 of 2017 dated August 24, 2017 under section 302/120B IPC .

Mr. Debasish Bramha Ms. Ankita Das Chakraborty ...for petitioner Mr. Madhusudan Sur ... for State. The advocate-on-record for petitioner undertakes to affirm and properly stamp the petition as per rules within one week of resumption of normal functioning of Court. The petition is taken up through video-conference on the basis of such undertaking.

Learned advocate appearing for petitioner submits that his client is in custody since 28th August, 2017 and, therefore, he should be granted bail. Learned advocate appearing for State opposes prayer for bail and submits that on 17th February, 2020, a co-ordinate Bench rejected last preceding bail application of petitioner with direction for expeditious trial. Moreover, only last prosecution witness is to be examined. There has been a time over run regarding trial because of pandemic situation. The next date of examination of witness is 27th November, 2020.

We are satisfied that direction for expeditious trial has been attempted to be complied with. There is no change of circumstance from that of order passed on 17th February, 2020. We expect that trial would be concluded at an early date. We are not inclined to grant bail. Accordingly, CRM 9055 of 2020 is rejected and stands disposed of. [Arindam Sinha, J] [Md. Nizamuddin, J]