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Calcutta High CourtCRM/9396/2020rejected

Sahajan Biswas@Uchhman Biswas v. State Of West Bengal

2020-11-27Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh1 pages

27.11.2020 SL No.25 AP CRM 9396 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Karimpur P.S. Case No.261/98 dated 02.10.1998 under Sections 147/148/149/326/436/380/302/120B of the Indian Penal Code. And In the matter of: Sahajan Biswas @ Uchhman Biswas ....Petitioner.

Mr. Asraf Mandal ...for the Petitioner.

Mr. Madhusudan Sur, Ld. A.P.P., Mr. Manoranjan Mahata ...for the State.

It is submitted on behalf of the petitioner that the petitioner is in custody for more than three years.

Learned lawyer for the State opposes the prayer for bail and submits that the petitioner misused his liberty. We have considered the materials on record. Keeping in mind the prima facie involvement of the petitioner in the alleged crime, as he had misused his liberty and as trial is in progress, we are not inclined to grant bail to the petitioner at this stage. The application for bail is, thus, rejected.

However, we direct the trial court to expedite the trial and conclude the same at an early date preferably within a period of one year from the next date fixed before the trial court without granting unnecessary adjournment to either of the parties. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)