13.08.2026 Serial no. 16 [G.S.D] CRM (M) 810 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Dholahat PS Case No. 154 dated 12.04.2023 u/s 302/201 of the IPC [corresponding to GR Case No. 777 of 2023]. -And- In the matter of : Nasiruddin Sha … Petitioner(s) Mr. Subir Ganguly Mr. Sumanta Ganguly … for the Petitioner(s) Ms. Koel Mukherjee … for the State-respondent(s) Learned advocate for the petitioner submits that the prosecution till date has examined only one witness out of the 37 witnesses cited in the charge sheet. The petitioner is in custody for almost three years four months and there is no possibility of the trial being concluded in the near future. Therefore, learned advocate prays that the petitioner may be released on bail on any stringent condition. Learned advocate for the State has produced the case diary. I have taken into account the materials appearing in the case diary including the earlier orders passed by this court while refusing the bail wherein merits of the case have been dealt with in detail. 2 Although, heinousness of the offence is a prime consideration, but, at the same time, for an indefinite period without trial, the accused cannot be kept in custody. Having considered the same, as a matter of last chance, I provide a period of six months to the prosecution to complete the examination of vulnerable witnesses. The learned trial court would fix a regular schedule to complete the evidence of such witnesses. If, inspite of cooperation rendered by the accused, the evidence of such vulnerable witnesses cannot be completed within the aforesaid schedule, in that case, if any application for bail is preferred before the learned trial court, the learned trial court would release the petitioner on bail on such terms and conditions as it would deem fit and proper. At this stage, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is Rejected. The learned trial court would adhere to the directions passed above. Accordingly, CRM (M) 810 of 2026 is disposed of. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 3