Tahirul Sk & Anr vs Unknown
2024 Latest Caselaw 4983 Cal

Calcutta High Court (Appellete Side)

Tahirul Sk & Anr vs Unknown on 25 September, 2024

                 34
              25-09-2024
              (ct. no.28)
                S. De
             (Rejected)


                                                 CRM (DB) 2908 of 2024
                            In re: An application for bail under Section 439 of the Code of
                                   Criminal Procedure corresponding to Section 483 of the
                                   Bharatiya Nagarik Suraksha Sanhita, 2023.


                                                         -And-
                            In the matter of : Tahirul Sk & Anr.

                                                                       .... Petitioners.

                            Mr. Arup Kr. Bhowmick,                      ... For the Petitioners.

                            Mr. Ranabir Roy Chowdhury,
                            Mr. Saptarshi Chakraborty,                               ... for the State.

                                Order dictated by Arijit Banerjee, J.

1. The petitioners renew their prayer for bail which was rejected at

least twice, lastly on May 1, 2024. They say that they are in

custody for about 7 years and 9 months. On the ground of

delay in progress of trial, they renew their prayer for bail.

2. Learned State advocate tells us that only 2 witnesses remain to

be examined. They are both formal witnesses. By the order

dated May 1, 2024, a co-ordinate Bench, while rejecting the

petitioners' prayer for bail, directed the learned Trial Court to

conclude the trial at an early date and preferably within 6

months from the next date fixed for recording of evidence. We

are told that the next date that was fixed was in June 2024,

therefore, trial should be completed by the end of this year.

3. Prima facie, there is very strong evidence against the petitioners.

The charge is of murder committed in gruesome manner. We

are not inclined to allow the petitioners' prayer for bail in spite of

Signed By :

SANDIP DE High Court of Calcutta 26 th of September 2024 10:25:26 AM

being conscious of the fact that the petitioners have been in

custodial detention for long period of time. The charge, if

proved, shall attract mandatory life imprisonment, at the least.

4. Accordingly, CRM (DB) 2908 is dismissed.

5. We direct the learned Trial Court to definitely conclude the trial

by delivering judgment by the end of this year.

6. Let this order be communicated by the parties to the learned

Trial court.

( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )

Signed By :

SANDIP DE High Court of Calcutta 26 th of September 2024 10:25:26 AM