Biswajit Gownia @ Babu Gownia vs Unknown
2024 Latest Caselaw 4779 Cal

Calcutta High Court (Appellete Side)

Biswajit Gownia @ Babu Gownia vs Unknown on 17 September, 2024

Author: Arijit Banerjee

Bench: Arijit Banerjee

     56.         17.09.2024
     Court
     No.28        (Tanmoy)

     Rejected
                                          IN THE HIGH COURT AT CALCUTTA
                                       CRIMINAL MISCELLANEOUS JURISDICTION

                                                  CRM (NDPS) 1416 of 2024

                              In Re: - An application for bail under Section 439 of the Code of
                              Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik
                              Suraksha Sanhita, 2023.
                                                              And

                              In the matter of: - Biswajit Gownia @ Babu Gownia
                                                                                          ...petitioner.
                              Ms. Jeenia Rudra
                                                                               ...for the petitioner.
                              Mr. S.S. Imam
                              Mr. Arani Bhattacharyya
                                                                                    ...for the State.

                                                   Dictated by Arijit Banerjee, J.

1. The petitioner says that he is in custody for about four years

and six months. He prays for bail on the ground of inordinate

delay in the trial.

2. Learned State Advocate tells us that recording of evidence is

complete and examination of witnesses under Section 313 of

the Code of Criminal Procedure, 1973, is also over. December

11, 2024, has been fixed by the learned Trial Court as the

next date for argument.

3. Four years and six months is far too long a period of time to

keep an under-trial in custody. However, since the trial is on

the verge of conclusion and prima facie there appears to be

incriminating evidence against the petitioner from whom 54

Kgs. of ganja was allegedly recovered, we are not inclined to

allow the petitioner's prayer for bail, at this stage.

4. Hence, the prayer for bail is rejected.

Signed By :

TANMOY GHOSH High Court of Calcutta 18 th of September 2024 05:43:43 PM

5. The application being CRM (NDPS) 1416 of 2024 is

accordingly dismissed.

6. However, we direct the learned Trial Court to pre-pone the

date of argument and conclude the trial by delivery of

judgment positively by the end of November, 2024.

7. The learned Registrar General of this Court is requested to

immediately communicate this order to the learned Trial

Court. The parties shall also be at liberty to communicate

this order to the learned Trial Court.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)

Signed By :

TANMOY GHOSH High Court of Calcutta 18 th of September 2024 05:43:43 PM