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13.06.2019

Sl. No.36
Ct-42
BM

Rejected

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).

And
In the matter of : Bidhan Chandra Mondal.

… Petitioners
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

accused.

We have perused the materials in the case diary as also the materials on

record.

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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

below.

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. )