In Re: Md. Mostak @ Md. Mustak @ Md. ... vs Union Of India1
2022 Latest Caselaw 4052 Cal

07.07.2022
 Sl. No.20
  akd
 [Adjourned]

                                                 C. R. M. (DB) 2141 of 2022

               In Re: An application for bail under Section 439 of the Code of Criminal
               Procedure filed on 30.06.2022 in connection with Raghunathganj Police
               Station Case No.229 of 2008 dated 29.07.2008 under Sections
               489B/489C/120B/121/121(A)/122/124/212 of the Indian Penal Code and
               charge-sheet submitted under Sections 489B/489C/120B/286/212 of
               the Indian Penal Code and Sections 13/14 of the Foreigners Act. (G.R.
               Case No.657 of 2008)

                                                          And

               In Re: Md. Mostak @ Md. Mustak @ Md. Mustaque
                                                                           ... ... Petitioner
                           Mr. Soumik Ganguly
                           Mr. Tapodip Gupta
                                                       ... ... for the petitioner

                           Ms. Anasuya Sinha
                           Mr. Pinak Kr. Mitra
                           Ms. Jonaki Saha
                                                       ... ... for the State


                             It is submitted on behalf of the petitioner he is in custody for

               more than 13 years. He prays for bail on the ground of inordinate delay

               in trial.

                             Learned advocate appearing for the State opposes the prayer

               for bail and submits that trial is at its fag-end and the matter is fixed for

               delivery of judgment. Next date has been fixed on 21.07.2022.

                             In reply, it is contended in view of the directions of the Apex

               Court in S.G. Vombatkere vs. Union of India1, the delivery of the

               judgment is kept in abeyance.

                             We have considered the materials on record. No charge was

               framed under Section 124A of the Indian Penal Code. On the other

               hand, graver charges under Sections 121/122/124 of the Indian Penal

               Code have been framed. Hence, we are of the opinion the directions in




               1
                   2022 SCC OnLine SC 609
                                     2




S.G. Vombatkere (supra) do not apply to the present trial and it is open

to the trial Judge to deliver the judgment in accordance with law.

         Let this matter appear under the same heading on

02.08.2022

.

Department is directed to communicate a copy of this order to

the trial court for necessary compliance.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)