Calcutta High Court (Appellete Side)
21/15-16 Dated 25.01.2016 Under ... vs In Re: Salim Mia @ Salim Miya on 10 January, 2019
1 10.01.19
Sl. No.43 akd [Rejected] C. R. M. 10217 of 2018 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.11.2018 in connection with Special Case No. 17 of 2016 arising out of S.I.s S.L. No. 121/15-16 dated 25.01.2016 under Sections 18(c)/8(b) of the NDPS Act.
And In Re: Salim Mia @ Salim Miya ... ... Petitioner Ms. Minoti Gomes .. Advocate Mr. Kalidas Saha .. Advocate ... ... for the petitioner Mr. Anwar Hossain .. Advocate Mrs. Ratna Ghosh .. Advocate ... ... for the State Report is filed on behalf of the Investigating Agency wherefrom it appears that trial has substantially progressed and date has been fixed for recording of evidence on and from 11th February, 2019. The said report be kept with the record.
In view of the aforesaid fact and the prima facie involvement of the petitioner in the alleged crime, we are not inclined in granting bail to the petitioner.
The application for bail is thus rejected. However, keeping in mind the protracted period of detention suffered by the petitioner, we direct the trial court to take all necessary steps to conclude the trial as expeditiously as possible preferably within six months from the next date fixed for recording of evidence without granting unnecessary adjournment to either of the parties. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.) 2