Calcutta High Court
CRM(M)/1834/2026 of MD. HASRAT HOSSAIN Vs STATE OF WEST BENGAL on 23 September 2026
Court No.35. D/L. 62. Kausik (Rejected) CRM (M) 1834 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with ECO Park PS Case No. 72 of 2022 dated 01.04.2022 under Sections
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23.09.2026 Court No.35. D/L. 62. Kausik (Rejected)
CRM (M) 1834 of 2026
In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with ECO Park PS Case No. 72 of 2022 dated 01.04.2022 under Sections 302/201/120B of the Indian Penal Code.
And In the matter of : Md. Hasrat Hossain
……Petitioner.
Mr. Biplab Roy
Ms. Reshmi Roy (Verma)
……for the Petitioner.
Mr. Rajashree Venket Kundalia
Ms. Tatini Sengupta
….for the State.
Learned advocate appearing for the petitioner submits that petitioner is in custody for about 4 years 6 months. The investigating officer is being examined for the last two and a half years. The examination-in-chief is not yet complete.
State opposes the prayer for bail and submits that the reasons for bail is beyond control of the prosecution. After 28 witnesses have been completed by the prosecution on 18.11.2024 for the last one and a half years, at least I find there has been no progress. There is utter abuse in the process of delay in this case, at least for more than one and half years.
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Having regard to the final stages of the case, this Court is not inclined to release the petitioner on bail at this stage. However, the Trial Court is directed to complete the prosecution witnesses by 31st December, 2026 and pronounce the verdict by 28th February, 2027 subject to the condition that the defence do not tender any witnesses.
With the aforesaid observations CRM (M) 1834 of 2026 is dismissed.
Memo of Evidence submitted be kept with the record. All parties shall act in terms of server copy of the order 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.)