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Calcutta High Court (Appellete Side)

58(1) Of The Disaster Management Act vs Allowed on 19 September, 2023

19.09.2023
 tkm/ct 28                       C.R.M. (DB) 2951 of 2023
sl no. 30
             In Re : An application for bail under section 439 of the Code of Criminal
             Procedure in connection with Kasba P.S case no. 172 of 2021 dated
             26.6.2021                          under                         sections
             120B///////// IPC read with section
             58(1) of the Disaster Management Act
                                  and
Allowed
             In Re : Shantanu Manna @ Santanu Manna               ... petitioner

                   Mr. Anirban Guhathakurta
                   Ms. Koel Mukherjee
                   Mr. Anurag Sardar
                   Mr. M Murshed
                   Ms. Sayan Mukherjee

                                                     ...... for the petitioner

                   Mr. Sudip Ghosh
                   Mr. Bitasok Banerjee
                                                     ...... for the State




             1.

Liberty is granted to correct the name of the petitioner in the cause title of the petition.

2. Petitioner is in custody for 817 days. It is submitted there is slow progress in the trial. He prays for bail.

3. Learned lawyer for the State submits two witnesses have been examined.

4. We have considered the materials on record. Petitioner is in custody for a considerable period of time. There is slow progress in the trial. Only two out of 71 witnesses cited in the charge sheet have been examined.

5. Under such circumstances, we are of the opinion further detention of the petitioner would infract his fundamental right to speedy trial and he is entitled to bail on this score alone. 2

6. Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned CJM, South 24 Parganas at Alipore on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

7. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

8. The application being CRM (DB) 2951 of 2023 is disposed of.

(Ajoy Kumar Mukherjee, J.) (Joymalya Bagchi, J.)