Extracted from the PDF above. The PDF is authoritative.
30.07.2026
IN THE HIGH COURT AT CALCUTTA Item No.289
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1606 of 2026
In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Joynagar Police Station FIR No. 73 of 2021 dated 07.02.2021 under Sections 448/302/325/34 of the Indian Penal Code (G.R. Case No. 797 of 2021). And
In Re : Jahangir Mondal and others
... Petitioners. Mr. Ranajit Roy, Mr. Indra Prosad Mullick
... For the Petitioners. Mr. Gurudas Mitra, Mr. Utsav Dutta
... For the State. Learned advocate appearing for the petitioners submits that the petitioners are in custody for more than five and a half years and till date, only 5 witnesses have been examined, out of 17 witnesses cited by the prosecution. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and prays for time to conclude the examination of the witnesses within a period of eight months particularly regarding the evidence of the child which is appearing in the case diary. A Court has to balance between the gravity of the offence, the period of detention already suffered and the probability of the trial being taken to its logical conclusion within a reasonable period of time. Petitioners were arrested on February, 2021 and more than 5 years 5 months have
2 passed since then. Till date, only five witnesses have been examined and 12 witnesses are yet to be examined. The genesis of the case arose out of property dispute and there are no criminal antecedents of the present petitioners. Having regard to the overall circumstances of the case and without entering into the merits of the case, only on the ground of detention of the present petitioners, I am inclined to release the petitioners on bail. As such, the prayer for bail of the petitioners is allowed. Accordingly, the petitioners viz., 1. Jahangir Mondal, 2. Alamgir Mondal and 3. Anarul Mondal @ Anarul Alam Mondal shall be released on bail upon furnishing bond of Rs.20,000/- each, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Baruipur.
If on bail, the petitioners shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of the district of South 24- Parganas. The petitioners shall also not enter the jurisdiction of Joynagar Police Station. Learned Trial Court is directed to ensure that at least one schedule is fixed in a month consisting of three dates. The trial of the case at the earliest be taken to its logical conclusion having regard to the plight expressed by the learned advocate appearing for the State in opposing the bail. 3 Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 1606 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)