Court On Its Own Motion v. Nayeem Faruk And ORS

01.05.2023 Sl. No.18 as C. R. R. 1017 of 2023 in C. R. M. (DB) 284 of 2023 In Re: Court on its own Motion ... ... Petitioner Mr. Soumyajit Das Mahapatra Ms. Soma Mal ... ... for the petitioner Mr. Somnath Adhikary ... ... for the de-facto complainant Mr. Neguive Ahmed .. ld. Addl. Public Prosecutor Ms. Trina Mitra ... ... for the State Mr. Sabir Ahmed Mr. Arnab Chatterjee ... ... for the contemnors & representatives of Berhampore Bar Association In Re: CRM (DB) 284 of 2023.

Petitioner is in custody for 335 days. He submits co-accused are on bail. He further submits victim succumbed to his injuries one month after the incident. There is little possibility of trial concluding in the near future. He praysf or bail.

Learned Advocate for the State opposes the bail prayer. He submits petitioner and co-accused being armed with various weapons assaulted a number of persons and one of them succumbed to his injuries.

Learned Advocate for the de-facto complainant submits accused are threatening witnesses. Prayer has been made for protection of the witnesses.

We have considered the materials on record. During hearing of the bail application, we noted due to resolution at the Bar, witness action could not proceed. Four eyewitnesses have already been examined. Next date has been fixed on 16th and 17th May, 2023 for recording further evidence.

We direct the prosecution to examine the other eyewitnesses on that date.

Report be filed with regard to progress of trial on the adjourned date.

Trial court is directed to conclude the examination of the vulnerable witnesses in the meantime.

Let this matter appear on 7th June, 2023.

In Re: CRR 1017 of 2023.

Report is placed on record. Necessary undertakings have been filed by the President, Vice President and the Secretary of Berhampore Bar Association. Fine amount has also been paid by the other alleged contemnors.

Proceeding is closed.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)