GOPAL SHIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for bail in connection with a case under Sec. 302/326/307/201 of the Indian Penal Code.

(2.) At the very outset learned Advocate for the petitioner submitted that this is renewal of his earlier prayer for bail.

(3.) Learned Advocate for the petitioner submitted that this accused is in custody for more than 2000 days and only three witnesses have been examined so far as per the order of the trial court, which is annexed to the petition. Further though in the earlier order of rejection by this Hon'ble Court passed in CRM No. 3342 of 2020, it has been indicated that 10 witnesses have been examined but that is not the actual state of affairs. Accordingly, there is inordinate delay in conclusion of trial resulting in incarceration of the petitioner for a significant period. Due to such protracted detention there is violation of the rights of the petitioner enshrined under Art. 21 of the Constitution and in support of his contention, he relied on the decision of the Hon'ble Supreme Court of India passed in Union of India versus K.A Najeeb reported in (2021) 3 Supreme Court Cases 713. In view of his above submission he prayed that the accused be enlarged on bail on any terms and conditions as the Hon'ble court may deem fit and proper.