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2026 DAILYLAW 37534 (CAL)

MARUF HOSSAIN GAYEN @ BABULAL v. STATE OF WEST BENGAL

CRM(M)/1747/2026 · 2026-09-02

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.293 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. C.R.M. (M) 1747 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Parulia Coastal Police Station Case No. 61 of 2021 dated 07.07.2021 under Sections 302/201/34 of the Indian Penal Code. And In Re : Maruf Hossain Gayen @ Babulal ... Petitioner. Mr. Saibal Mondal, Ms. Sonali Ghosh ... For the Petitioner. Mr. Kallol Mondal, Ld. PP, Mr. Pritam Roy, Mr. Shankar Mukherjee ... For the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 5 years 2 months and there is no possibility of the trial concluding in near future. As such, petitioner may be released on bail on any condition. Learned Public Prosecutor appearing for the State, on the other hand, opposes the prayer for bail and submits that only two witnesses being the Judicial Magistrate who recorded the statement under Section 164 of the Code of Criminal Procedure and the Investigating Officer of the case are left. Having regard to the fact that trial is at the advanced stage and the offence being heinous, a last chance is given to the prosecution to complete the evidence of two witnesses within a period of four months from 30.09.2026. 2 In case, in spite of cooperation extended by the petitioner and other accused persons, the evidence of the prosecution witnesses cannot be completed for other reasons, learned Trial Court would release the present petitioner on bail after the aforesaid time period is over on such terms and conditions as it deems fit and proper. At this stage, the prayer for bail of the petitioner is rejected. Learned Trial Court would adhere to the directions passed hereinabove and pass necessary orders after the time schedule is over. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 1747 of 2026, is, thus, disposed of. Learned advocate appearing for the State would communicate this order to the learned Trial Court. 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.)