Dalim Sk vs Unknown
2024 Latest Caselaw 4574 Cal

Calcutta High Court (Appellete Side)

Dalim Sk vs Unknown on 5 September, 2024

                    26
                05-09-2024
                (ct. no.28)
                  S. De
                 (Rejected)
                                                    CRM (DB) 2365 of 2024
                              In re: An application for bail under Section 439 of the Code of Criminal
                                     Procedure.
                                                          -And-
                              In the matter of : Dalim Sk.
                                                                                        .... Petitioner.
                              Mr. Kusal Kr. Mukherjee,
                              Ms. Pranidhi Singh,                             ... For the Petitioner.

                              Mr. Avishek Sinha,
                              Mr. Sachit Talukdar,                     ... For the State.
                               Order dictated by Arijit Banerjee, J.

1. Report filed by the State be kept with the records.

2. The petitioner renews his prayer for bail which was rejected

earlier on merits by a co-ordinate Bench on March 31, 2022. He

says that he is in custody for 5 years and 4 months. He prays

for bail on the ground of delay in conclusion of trial.

3. Learned advocate for the State, while opposing the prayer for

bail, says that all 12 charge-sheet named witnesses have been

examined. The prosecution has made an application under

Section 311 Cr.P.C. for recalling one witness. The date for

examining that witness is September 20, 2024.

4. Since the trial is on the verge of conclusion and also in view of

the prima facie incriminating evidence against the petitioner, we

are not inclined to allow the petitioner's prayer.

5. CRM (DB) 2365 of 2024 is dismissed.

6. However, considering that the petitioner is in custody for a very

long period of time, we direct the learned trial Court to conclude

the trial by delivery of judgment as soon as possible but

Signed By :

SANDIP DE High Court of Calcutta 6 th of September 2024 04:26:13 PM

positively by the end of November 2024, keeping in mind the

intervening Puja Vacation.

( Prasenjit Biswas, J. ) ( Arijit Banerjee, J. )