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2025 DAILYLAW 33771 (CAL)

XXXXX v. STATE OF WEST BENGAL AND ORS.

CRM (DB)/2876/2023 · 2025-03-10

Debangsu Basak, Md Shabbar Rashidi

body2025

Judgment text

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10.03.2025 DL-55 wt 56 Court No.26 CRM (DB) 2876 of 2023 (Disposed of) (AD) In re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973. -And- In the matter of : xxx … …Petitioner Mr. Anuj Singh, Advocate Mr. Soumya Nag, Advocate … for the petitioner Mr. Ranabir Roy Chowdhury, Ld. APP Mr. Sandip Chakraborty, Advocate … for the State Mr. Deepak Prahladka, Advocate Mr. Sarfaraz Hossain, Advocate Ms. Reshmi Khatun … for the opposite party no.2. Mr. Surajit Basu, Advocate Ms. Jasika Alam, Advocate … for the opposite party no.3. With CRM (DB) 2879 of 2023 In re: An application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973. -And- In the matter of : xxx … …Petitioner Mr. Anuj Singh, Advocate Mr. Soumya Nag, Advocate … for the petitioner Mr. Rudradipta Nandy, Ld. APP … for the State Mr. Soubhik Mitter, Advocate Ms. Rajnandini Das, Advocate … for the opposite party no.2. 1. Two applications for cancellation of bail granted by the jurisdictional Court are taken up for consideration 2 analogously as they were being considered analogously by the Coordinate Bench. 2. There is no post-bail misconduct so far as the private parties are concerned. 3. Police case is dated December 20, 2022. 4. Prosecution proposes to examine 26 witnesses. Out of which four prosecution witnesses were examined at the trial. 5. Given the number of prosecution witnesses, the trial is likely to take some time to conclude. 6. It is contended on behalf of the petitioners that the private opposite parties are taking time at the trial and, therefore, delaying its disposal. 7. Learned Trial Court is requested not to grant any unnecessary adjournments to any of the parties and try an endevour to dispose of the trial as expeditiously as possible. 8. Given the period of custody and the number of prosecution witnesses that are required to be examined at the trial, we are not minded to cancel the bail existing in favour of the private opposite parties moreso when they are not guilty of any post- bail misconduct. 9. CRM (DB) 2876 of 2023 and CRM (DB) 2879 of 2023 are disposed of without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)