Md Shahnawaz v. State Of West Bengal

07.04.2026 Court No.35.

D/L.42.

Rakib (Rejected) CRM (M) 334 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Karaya Police Station case no. 234 of 2015 dated 14.05.2015 under Section 302 of the Indian Penal Code and Sections 25/27 of the Arms Act. And In the matter of : Md. Shahnawaz.

......Petitioner.

Mr. Syed Shahid Imam Mr. Mohammad Khairul .....for the Petitioner.

Mr. Subhamoy Bhattacharjee Ms. Ratna Ghosh ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for more than 10 years 10 months. Learned advocate for the State on the other hand submits that three more witnesses they intend to examine. Having considered the period suffered by the present petitioner and without going into the complexity of the issue which contributed to the delay, I direct the learned trial Court to complete all the prosecution witnesses within a period of three months from the next date fixed (27th of April, 2026).

The learned trial Court, if required, would proceed in a day to day basis trial since the earlier direction of the High Court dated 30.04.2025 in CRM (DB) 1339 of 2024 has already expired. The trial of the case would continue in spite of any resolution of the local bar and no unnecessary adjournment be granted to either of the parties.

Learned trial Court would further ensure that none of the parties stretches time or tries to spill over the witness to any next date. It further clarified that any witness who is present should not return without being examined.

In spite of such efforts, if it is found that there was no latches on the part of the defence and within the aforesaid period evidence of the prosecution is not completed, learned trial Court would release the petitioner on bail on such terms and conditions as the learned trial Court deems fit and proper. Accordingly, CRM (M) 334 of 2026 is dismissed with the aforesaid directions.

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.)