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2026 DAILYLAW 33442 (CAL)

MD SAHIL v. STATE OF WEST BENGAL

CRM(M)/860/2026 · 2026-08-13

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.08.2026 Court No.35. D/L.29. Rakib CRM (M) 860 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Islampur Police Station case no. 529 of 2023 dated 22.07.2023 under Sections 302 of the Indian Penal Code. And In the matter of : Md. Sahil. ……Petitioner. Mr. Arghaya Mallick Mr. Md. Habibur Rahman .....for the Petitioner. Mr. Rajendra Banerjee, Ld. APP Mr. Arnab Sau .....for the State Learned advocate appearing for the petitioner submits that petitioner is in custody for more than three years and there has been no progress, neither there is any possibility of the trial being taken to its logical conclusion. Learned advocate appearing for the State on the other hand submits that out of 22 witnesses cited 15 witnesses have been examined. I have taken into account the merits of the case which do not call for any interference. However, the accused is in custody for a considerable period of time. Accordingly, seven more months time be granted to the State to conclude the prosecution witnesses. Learned trial Court would ensure that at least two witnesses are completely examined in a 2 month, so that the trial can be concluded within the scheduled period. No unnecessary adjournment would be granted to either of the parties and the trial of the case would progress in spite of any resolution of the local bar. If in spite of cooperation extended by the accused, for reasons beyond control the prosecution witness cannot be completed within the period of seven months, the learned trial Court would on an application for bail by the accused/petitioner leniently consider the same. As such, the prayer for bail of the petitioner is rejected at this stage. Thus, CRM (M) 860 of 2026 is disposed of with the aforesaid direction. All parties shall act in terms of server copy of the order 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.)