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Calcutta High CourtCRM(NDPS)/530/2024rejected

Md.Saiful Alam v. The State Of West Bengal

2024-11-28Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

28.11.2024 Ct. No. 01 SL No. 14 Cp (rejected) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (NDPS) No. 530 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973.

And In the matter of: Md. Saiful Alam .....petitioner Mr. Prajnadeepta Roy Mr. N. Ali Ms. Sohini Kundu Mr. Debojyoti Goswami Mr. J. Bhattacharya ... for the petitioner Mr. Nilay Chakraborty Mr. Sanjiv Das ...for the State

1. Learned advocate for the petitioner submits that despite direction given by a Coordinate Bench of this court upon the learned trial court to conclude the trial by the end of December, 2024, till date, not a single witness has been examined. He submits that there is no possibility of early conclusion of the trial. On such ground, the petitioner should be enlarged on bail.

2. Learned advocate for the State vehemently opposes the prayer for bail. He produces the CD and submits that the time line fixed by the court has not yet been expired. A date has been fixed in the last part of this month for examination of CSW-1. The prosecution undertakes to ensure cooperation for early conclusion of the trial.

3. Taking note of such fact, upon considering the CD and other materials on record as well as the nature of offence and the manner in which the same had been committed and on further consideration of the fact that huge quantity of contraband article had been recovered from the possession of the petitioner, we are not inclined to grant bail to the petitioner at this stage.

4. Hence, prayer for bail is rejected at this stage.

5. The application for bail is, thus, disposed of. (Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)