Asraful Sk @ Ashraful Sk v. State Of West Bengal

28.07.2023

IN THE HIGH COURT AT CALCUTTA

Item No.55 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2732 of 2023 In the matter of : Asraful Sk. @ Ashraful Sk. ... Petitioner. Mr. Kushal Mukherjee, Mr. Diptangshu Basu ... For the Petitioner.

Md. Anwar Hossain, Ms. Sreyashee Biswas ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Md. Anwar Hossain, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The petitioner is aggrieved by the fact that he is in custody since 08.08.2021 and the last of the ordersheet dated 09.02.2023 reflects that next date for production and evidence is fixed between 01.08.2023 and 04.08.2023. None of the witnesses till date has been examined, although charge was framed on 08.02.2022. Learned advocate for the petitioner has drawn the attention of the Court to the chargesheet which reflects that 19 witnesses have been relied upon by the prosecution.

Having regard to the anxiety expressed by the petitioner, I am of the view that the same is justified. Accordingly, the learned trial court is directed to communicate with the Superintendent of Police of the concerned district so that on the next schedule i.e. on and from 01.08.2023 to 04.08.2023, the relevant witnesses are

produced before the court for progress of the trial of the case. No unnecessary adjournment should be granted to any of the parties.

Learned public prosecutor conducting the trial would ensure regarding the production of materials, documents and exhibits on the dates so fixed.

As in this case on the next schedule almost two years would be completed of the petitioner being in custody, it is directed that on and from August 2023, the trial of the case should proceed in spite of resolution of the local Bar Association. The schedule be fixed at least once in every 45 days so that trial may be concluded within a reasonable period of time.

All stakeholders should cooperate with the learned trial court to conclude the trial at the earliest.

With the aforesaid observations, the revisional application being CRR 2732 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly 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.)