Bablu Halder v. State Of West Bengal
August 11, 2023 IN THE HIGH COURT AT CALCUTTA AD-88 CRIMINAL APPELLATE JURISDICTION Ct. 34 SG CRR 2433 of 2023 with CRAN 1 of 2023 In the matter of: Bablu Halder ... petitioner Mr. Soujanya Bandyopadhyay ... for the petitioner.
Mr. S.G. Mukherjee, ld. PP Mr. Saryati Datta ... for the State.
Petitioner is not inclined to press CRAN 1 of 2023. Accordingly, the same is dismissed as not pressed. The present revisional application has been preferred for expeditious disposal of case No.N-163 of 2021. The petitioner is in custody since 3rd December, 2021. Learned advocate for the petitioner submits that the charge was framed in this case on 17th September, 2022 and out of 10 witnesses so cited in the charge-sheet, 1 witness has been examined.
The anxiety of the petitioner is that more than 19 months have passed but only 1 witness has been examined. The ground so assigned by the petitioner is justified. The next date has been fixed by the learned special court on 14/16th August, 2023.
Having regard to the nine more witnesses who are to be examined including the BSF personnel, learned trial
court would fix schedule consisting of 3 dates and fix a schedule once in every 60 days so that the trial of the case can be taken to its logical conclusion within a reasonable period of time.
The trial court should inform the superintendent of police of the concerned district, who would communicate with the commandant of the BSF for assuring the presence of the personnel who has been cited as a witness in the present case.
The whole process of availability regarding the witnesses and the dates on which particular witnesses available would be made transparent before the learned trial court within a period of 45 days from the date of communication of this order.
Learned trial court thereafter would fix the schedule as directed above.
No unnecessary adjournment should be granted to either of the parties.
Learned Public Prosecutor conducting the case would make available all the necessary documents, statements, materials and exhibits on the date on which the witness would appear before the court. All stakeholders must cooperate with the court to complete the trial within a reasonable period of time.
With the aforesaid observations, CRR 2433 of 2023 is disposed of.
Pending application, if any, is consequently disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.
( Tirthankar Ghosh, J. )