Lukash Bosumatary @ Lucas Bosumatary @ Honga v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 17.12.2021 AT JALPAIGURI Court No.01 Item No. 50 sg CRM 1103 of 2021 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Kumargram Police Station Case No. 344 of 2016 dated 01.11.2016 under Sections 20(b)(ii)(c) of NDPS Act. And In Re: Lukash Bosumatary @ Lucas Bosumatary @ Honga Petitioner Mr. Jaydeep Kanta Bhowmik For the Petitioner Mr. Aditi Shankar Chakraborty, APP Mr. Aniruddha Biswas For the State The learned Counsel for the petitioner submits that the petitioner is in custody for over five and half years and there has been no substantial progress in the trial.

The learned Counsel for the State submits that trial has commenced and has assured that all steps would be taken by the prosecution to expedite the disposal of the matter.

Considering the fact that the petitioner is in custody for over five and half years and the trial has already been commenced, we are not inclined to grant bail to the petitioner.

We direct the learned Trial Court to dispose of the matter within a period of one year from date and to make a time frame and a schedule for the trial on which date the parties are directed to appear and assist the learned Trial Judge to dispose of the matter within the time frame. For reasons not attributable to the petitioner the trial is delayed, the petitioner shall be entitled to renew his prayer for bail.

The prayer for bail is rejected and CRM 1103 of 2021 is accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Biswajit Basu, J.) (Soumen Sen, J.)