Raju Chettri @ Raju Chhetri v. The State Of West Bengal

JPD-17 Ct No.01 29.07.2024 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (NDPS) 348 of 2024 In Re: - An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matigara Police Station Case No. 956 of 2020 dated 05.09.2020 under Sections 20(b)/21(c) of the NDPS Act, 1985.

And In the matter of: Raju Chettri @ Raju Chhetri .... petitioner Mr. Arijit Ghosh ... for the petitioner Mr. Abhijit Sarkar, Mr. Sanjiv Das ... for the State 1.

Learned counsel for the petitioner submits that the petitioner is already in custody for 1423 days.

2.

On the last occasion of rejection of similar prayer on June 21, 2024, the coordinate Bench had directed completion of trial within a month. However, the trial is still ongoing. 3.

Learned counsel for the State opposes the prayer for bail and submits that whereas on June 21, 2024, two witnesses were yet to be examined, at present, all the prosecution witnesses as well as the defence witnesses have been examined and evidence is concluded. The matter is now fixed for arguments. 4.

It is assured that the prosecution shall conclude its arguments at the earliest, preferably within ten days.

5.

Upon hearing learned counsel for the parties, we find that reasonable progress has been made in the trial after the previous rejection of bail, thereby justifying the hope of expeditious disposal expressed by the coordinate Bench.

6.

Accordingly, no useful purpose would be sub-served at this stage by granting bail at the fag end of the trial, since depositions have already been concluded.

7.

Hence, CRM (NDPS) 348 of 2024 is dismissed with a request to the trial court to conclude the trial positively within August 14, 2024.

8.

It is made clear that no adjournment whatsoever shall be given to either of the parties and if necessary, the trial court shall take up hearing on a day-to-day basis to ensure that the specific direction of completion of trial within August 14, 2024 is complied with. 9.

In the event the trial is not concluded and judgment passed in the matter even after August 14, 2024, liberty is granted to the petitioner to renew the prayer for bail without being hindered by the present refusal.

10. The order be immediately communicated to the trial court. The said court shall act on the server copy of this order for compliance.

(Sabyasachi Bhattacharyya, J.) (Prasenjit Biswas, J.)