CRM 4026 of 2019
In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 09.04.2019 in connection with Madhyamgram Police Station
Case No.40/2018 dated 18.01.2018 under Sections 498A/Section302 of the Indian
Penal Code(corresponding to S.T No.01(07)2018 and S.C 231/2018).
In the matter of : Bidhan Chandra Mondal.
Mr. Ayan Basu
Mr. Sumit Routh
Mr. Prabir Das … for the petitioner
Mr. Partha Pratim Das … for the State
The petitioner has been implicated in a case under Sections 498A/Section302 of
the Indian Penal Code.
The learned lawyer for the petitioner submits that the petitioner has been
detained for more than one year four months and the written complaint/FIR was
initiated after three months of the incident. He was drawn attention of the Court
to the seizure list and the inquest report and prays for bail considering the long
detention of the case and there has been no progress in the trial.
The learned lawyer for the State opposes the prayer for bail and draws the
attention of the Court to the incriminating material appearing against the
We have perused the materials in the case diary as also the materials on
Considering the nature and gravity of the offence and the stage of the case,
we are not inclined to release the petitioner on bail. However, we find that charge
in this case was framed on 3.7.2018 and after about expiry of eleven months one
witness completely has not been examined. The learned trial court is therefore
directed to take all efforts so that the trial of this case is completed within a
period of six months from date. The prosecution is directed to produce the
witnesses on the dates so fixed by the learned trial court and not to seek
unnecessary adjournment on any ground.
The learned trial court is directed not to grant any unnecessary
adjournment to either of the parties and the defence is directed to cooperate with
the learned trial court in adhering to the time frame.
With the aforesaid observation CRM 4026 of 2019 is disposed of.
The department is directed to communicate this order to the learned court
Urgent photostat certified copy of this order, if applied for, be given to the
parties after compliance of necessary formalities.
( Md. Mumtaz Khan, J. )
( Tirthankar Ghosh, J. )