Dismissed

Md. Safik @ Sk. Safik v. the State of West Bengal

Calcutta HC28 Sept 2021CRM/5442/2021

Case brief

AI extract

What is this about?

This High Court rejected the petitioner's renewed application for bail under Section 439 CrPC in a Sessions trial for gang rape. Despite citing the petitioner's long incarceration and minor daughter, the Court declined due to the gravity of the charge and substantial trial progress, directing the trial judge to conclude proceedings within six months.

What did the court decide?

The bail application (C.R.M. 5442 of 2021) was dismissed. The trial court was directed to conclude the trial within six months.

Md. Safik @ Sk. Safik Vs the State of West Bengal — Bail and Remand | Calcutta HC (2021)

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33. 28.09.2021 Ct.32 Tanmoy Rejected

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C.R.M. 5442 of 2021

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In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 16/08/2021 in connection with Sessions Trial No. 2(8) of 2015 corresponding to Sessions Case No. 275 of 2015 arising out of Madhyamgram Police Station Case No. 313 of 2015 dated 04/06/2015 under Sections 448/376(D)/506 of the Indian Penal Code.

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And

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In the matter of: - Md. Safik @ Sk. Safik …petitioner. Mr. Dulal Sarkar, Mr. Kajal Mukherjee, Mr. Surajit Basu, Mr. Bikash Chakraborty …for the petitioner.

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Mr. Debabrata Chatterjee, Ld. A.P.P., Ms. Manasi Roy …for the State.

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The petitioner renews his prayer for bail which was rejected earlier by an order dated February 10, 2020 in C.R.M. 1345 of 2020. The petitioner says that he is in custody for about 6 years and 4 months. He has a minor daughter who is 8 years old. His wife and mother have both expired. He should be immediately released so that he can take care of his daughter.

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Learned Advocate for the State says that the trial is about to conclude. Only the Investigating Officer remains to be examined. The petitioner joins issue on this and says that seven witnesses are still to be examined.

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Considering the gravity of the charge, which is gang rape, the material on record and also the fact that the trial has

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progressed substantially, we are not inclined to entertain the petitioner’s prayer for bail.

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Accordingly, the application for bail being C.R.M. 5442 of 2021 is dismissed .

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However, keeping in mind the lengthy detention of the petitioner, we request the learned trial Court to make all efforts to conclude the trial as soon as possible and preferably within a period of six months from date, if necessary, by holding trial on a day-to-day basis, without granting unnecessary adjournments to either of the parties.

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All parties shall act in terms of server copy of this order downloaded from the official website of this Court.

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(Bivas Pattanayak, J.) (Arijit Banerjee, J.)

Md. Safik @ Sk. Safik v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Md. Safik @ Sk. Safik v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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