Sukumar Bairagi @ Sukhamoy v. State Of West Bengal

August 11, 2023 IN THE HIGH COURT AT CALCUTTA AD-34 CRIMINAL APPELLATE JURISDICTION Ct. 34 SG CRR 2906 of 2023 In the matter of: Sukumar Bairagi alias Sukhamoy ... petitioner Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ... for the petitioner.

Mr. S.G. Mukherjee, ld. PP Ms. Ratna Ghosh ... for the State.

Petitioner is directed to serve a copy of the revisional application upon Ms. Ghosh, learned advocate, who ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned authorities. Learned advocate for the petitioner submits that the petitioner was arrested on 8th April, 2021. Although charges have been framed by the learned special court but only 2 witnesses out of 11 witnesses have been examined and the next date has been fixed on 28th and 29th August, 2023. The petitioner is in custody for 28 months. As such, the anxiety so expressed is justified.

Having regard to the period of detention of the petitioner, I direct the learned trial court to fix schedule of 3 dates and such schedule be fixed once in every 60 days so that the trial of the case can be concluded within a

reasonable period of time. In case any witness is reluctant to appear in court, harsh steps be taken against him. Superintendent of Police of the district would ensure regarding the availability of the witnesses on the date so fixed.

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.

The trial of the case would continue in spite of resolution taken by the local bar.

With the aforesaid observations, CRR 2906 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. )