Tapas Mallik vs Unknown
2022 Latest Caselaw 7264 Cal

20.10.2022

NB/AGM (Reject)

CRM (DB) 3583 of 2022

In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973.

In the matter of : Tapas Mallik ... petitioner.

Mr. Soumyajit Das Mahapatra.

...for the petitioner.

Md. Anwar Hossain, Mr. Mirza Firoj Ahmed Begg.

.....for the State.

Learned advocate for the petitioner has prayed for bail of the

petitioner on the ground of long detention in custody without trial.

It is submitted by the learned advocate for the petitioner that

the petitioner is in custody for about four years and two months.

The learned advocate for the petitioner has invited our attention to

an order dated 26.06.2020 passed in CRM 4249 of 2020 where a

Division Bench of this Court directed the learned Sessions Judge to

make endeavour to bring the case to its logical conclusion

preferably within eight months from the date of resumption of full-

fledged functioning of the Court. However, even after resumption of

the full-fledged functioning of the Court, not a single witness was

examined.

Learned Public Prosecutor in-charge has raised objection

against the prayer for bail.

Considering the gravity of the offence in which the petitioner

has been charged, we are not inclined to grant bail to the petitioner.

However, the learned Additional Sessions Judge, 2 nd Court,

Jhargram is specifically directed to conclude examination of

witnesses within six months from the date of communication of this

order and thereafter proceeded with examination of the accused

under Section 313 of the Code of Criminal Procedure examination

of defence witnesses and delivery of judgment within one month

thereafter.

The learned advocate for the petitioner is at liberty to

communicate the learned Trial Judge by producing the server copy

of this order.

The application for bail being CRM (DB) 3583 of 2022, is thus

rejected.

(Bibek Chaudhuri, J.)

(Biswaroop Chowdhury, J.)