C.R.M. No.8247 of 2017
Re: An application for bail under Section 439 Cr.P.C. affirmed on 21.8.2017 in connection with
Mekhliganj Police Station Case No.252/2016 dated 2.9.2016 under Sections 498A/370/370A(2) of the
Indian Penal Code, 1860.
– And –
In re:- Ijarul Mallick …. Petitioner.
Mr. Abdur Rakib … For the petitioner.
Mr. Pradipta Ganguly,
Mr. Ranadeb Sengupta …. For the State.
Heard the learned Advocates appearing on behalf of the parties.
Perused the case diary.
The petitioner is in custody for 364 days. Investigation is over
and charge sheet has already been submitted. Charge has also been
framed and the trial is in progress.
It is submitted by the learned Advocate appearing on behalf of
the petitioner that custodial detention of the petitioner is not required
after submission of the charge sheet.
Our attention has been drawn by the learned Advocate for the
State towards the statement made by the victim lady as also the
statement of one of the eye-witnesses to the occurrence both recorded
under Section 164 Cr.P.C., which are pages 21 to 24 of the case diary
and pages 35 and 36 thereof respectively. It is also submitted by him
that out of nine prosecution witnesses, the examination of eight
witnesses has already been completed and September 12, 2017 is the
next date fixed for recording the statement of the remaining prosecution
On perusal of the materials in the case diary as also after
considering the fact that out of nine prosecution witnesses, the
examination of eight witnesses has already been completed, we are not
inclined to allow the prayer for bail of the petitioner.
Accordingly, this application for bail stands rejected.
(Debasish Kar Gupta, J.)
(Amitabha Chatterjee, J. )