Jakirul Islam @ Harun Sk @Jakirul Sk v. State Of West Bengal

16.12.2020.

46.

as (Rejected) C.R.M. 9613 of 2020 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raghunathganj P. S. Case No.313 of 2019 dated 05.07.2019 under Sections 447/326/307/34 of the Indian Penal Code and subsequently Sections 302/120B of the Indian Penal Code.

In the matter of : Jakirul Islam @ Harun Sk. @ Jakirul Sk. ... Petitioner.

Mr. Anisur Rahman.

...for the Petitioner.

Mr. Sudip Ghosh, Mr. Bitasok Banerjee.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Dying declaration of the deceased recorded in the medical papers implicate the petitioner. His prayer for bail was rejected earlier. Delay in trial cannot be attributed wholly to the prosecution but was due to prevailing pandemic condition. Under such circumstances, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)