Sk Abul Kalam v. State Of West Bengal

12.11.2020 Court No.16 Item No. 40 rpan CRM 9294 of 2020 (Via Video Conference) In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection Kanksa Police Station Case no.184 of 2018 dated 14.06.2018 under Sections 302/120B/34 the Indian Penal Code; And In Re: Sk Abul Kalam ....Petitioner.

Mr. Pawan Gupta, Mr. Ayan Chakraborty ... for the petitioner.

Mr. Neguive Ahmed, Ld. A.P.P., Ms. Manisha Sharma, Mr. Anwar Hossain ... for the State.

The petitioner renews his prayer for bail. His prayer was rejected on 11th January, 2019 although a co-accused was granted bail by that order.

The petitioner's grievance is that the trial is not proceeding and the trial cannot be proceeded with until a report is obtained in respect of the death in custody of a co-accused.

We have considered the facts and circumstances of the case. Everybody is aware that because of the pandemic situation trials cannot be taken up presently. However, the report that is awaited from the concerned authority regarding the death of the co-accused in custody shall be submitted as soon as possible and preferably within a period of four months from date. Thereafter, the trial should be taken up within three months of the resumption of normal functioning of courts and should be completed as soon as possible.

CRM 9294 of 2020 is disposed of.

(Arijit Banerjee, J.) (Sanjib Banerjee, J.)