Indian Penal Code And Sections ... vs In Re : Rajkumar Ghosh @ Fouji
2021 Latest Caselaw 211 Cal

15.01.2021 Court No.28 rpan / 27

C.R.M. 316 of 2021 (Via Video Conference)

In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Raghunathganj P.S. Case No.192 of 2018 dated 08.05.2018 under Section 302 of the Indian Penal Code and Sections 25.27 of the Arms Act.

And

In Re : Rajkumar Ghosh @ Fouji ...Petitioner.

Mr. Usof Ali Dewan, Mr. Asif Dewan ....for the petitioner.

Mr. Neguive Ahmed, Ms. Amita Gaur ....for the State.

The learned advocate for the petitioner submits that the

petitioner is in custody for 2 years and 5 months and out of

fourteen witnesses, relied upon by the prosecution, only six

witnesses have been examined. It is the further submission of

the learned advocate that the petitioner so far has not been

implicated by any witnesses who has deposed in court and rest

of the witnesses are from the Government departments.

Mr. Ahmed, learned advocate for the State produces the

case diary and opposes the prayer for bail.

We have perused the materials on record as also the stage

of the case. Having regard to the fact that six witnesses have

already been examined and next date is fixed on 16 th January,

2021 for evidence, we do not think it fit and proper to release

the petitioner on bail. Accordingly, the prayer for bail of the

petitioner is rejected.

However, we direct the learned trial court to complete the

examination of rest of the eight witnesses within a reasonable

period of time. All efforts must be taken so that the trial be

completed and the judgment is pronounced in course of 2021.

With the aforesaid observations, CRM No.316 of 2021 is

disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)