Calcutta High Court (Appellete Side)
Dalim Sk @ Nabab Siraj @ Nawaj Sharif vs Unknown on 18 February, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
18.02.2026
Serial no. 264
[G.S.D]
CRM (M) 2641 of 2025
In re : An Application for Bail under Section 439 of the Code of
Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in
connection with GR Case No. 85 of 2024 arising out of Samserganj PS
case No. 13 of 2024 dt. 10.01.2024 u/s 326/307/34 of the IPC and u/s
25/27 of the Arms Act & u/s 3/4 of the E.S. Act.
-And-
In the matter of : Dalim Sk @ Nabab Siraj @ Nawaj Sharif
Sk
... Petitioner(s)
Mr. Milon Mukherjee, Sr Adv.
Mr. Satadru Lahiri
Ms. Benajir Hasna
... for the Petitioner(s)
Ms. Baisali Basu
Ms. Rita Datta
... for the State-respondent(s)
Learned Senior Advocate appearing for the petitioner
submits that the petitioner is in custody for more than 242
days and the case was initiated on the basis of an
application under section 156(3) of the Cr.P.C.
According to the learned Senior Advocate, two of the
accused persons are absconding and one of the accused
persons has been arrested, who is in custody.
Learned advocate prays that as there is no possibility
of the trial commencing in the near future, on any stringent
conditions, the petitioner may be enlarged on bail.
Learned advocate for the State, on the other hand,
opposes the prayer for bail and draws the attention of the
court to the injury report.
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I have taken into account the materials appearing in
the case diary.
Having regard to the fact that two of the accused
persons are absconding and the present petitioner is in
custody, I direct the learned Magistrate in seisin of the case
to exhaust the process of law preferably within a period of
three months from the date of communication of this order;
split up the trial and, thereafter, commit the case to the
Court of Sessions.
Considering the stage of the case, I am not inclined
to enlarge the petitioner on bail at this stage.
Hence, the prayer for bail of the petitioner is
Rejected.
However, the petitioner will be at liberty to renew his
prayer for bail after the stage of consideration of charges is
over.
Accordingly, CRM(M) 2641 of 2025 is dismissed.
Pending application(s), if any, is also disposed of.
Parties to act on a server copy of this order duly collected
from the official website of the Hon’ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied
for, be supplied to the parties subject to compliance with all
requisite formalities.
(Tirthankar Ghosh, J.)
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