Jogan Barman v. State Of West Bengal

17.12.2020 Sl. No.47 akd [Rejected] C. R. M. 9823 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.11.2020 in connection with Raiganj Police Station Case No. 553 of 2014 dated 26.05.2014 under Sections 302/34 of the Indian Penal Code. (G.R. Case No.1015 of 2014) And In Re: Jogen barman & Anr.

... ... Petitioners Ms. Juin Datta Chakrabroty .. Advocate ... ... for the petitioners Ms. Zareen N. Khan .. Advocate Ms. Sreeparna Das .. Advocate ... ... for the State Statements of witnesses as well as materials collected in the course of investigation show that the seized firearm matched with the bullet recovered from the body of the deceased. Petitioners do not stand on the same footing with the co-accused persons who are on bail as the offending weapon i.e. firearm was recovered from the leading statement of the petitioners. In view of aforesaid incriminating circumstance and as trial is in progress, we are not inclined in granting bail to the petitioners at this stage.

The application for bail is thus rejected.

Trial court however, is directed to expedite the trial and conclude the same at an early date.

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