Saifuddin Gayen v. State Of West Bengal

04.01.2022 Serial no. 48 Dd (Through Video Conference) CRM 8927 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with N-103 of 2019 arising out of Swarupnagar Police Station Case No. 482 of 2019 dated 13.07.2019 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act.

-AndIn the matter of : Saifuddin Gayen ... ...Petitioner Mr. Satadru Lahiri Mr. Safdar Azam, Advocates ... ... For the Petitioner Mr. Swapan Banerjee, ld. APP Mr. Suman De, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner draws the attention of the Court to the order dated January 15, 2021 passed in CRR 23 of 2021. He submits that although the Court directed expeditious disposal of the trial, the prosecution did not take any steps with regard thereto. Learned advocate appearing for the State submits that supplementary charge sheet was filed on February 15, 2021 and that the charges were framed on March 16, 2021. Subsequent thereto, for various reasons like COVID19, resolution of the Bar, and other grounds the trial could not progress.

In the present case, the delay in commencement of trial cannot be attributed to the prosecution . It got delayed due to factors beyond the context of the

prosecution. The Court is informed the next date is fixed on January 17, 2022. Given the fact that the petitioner is anxious with regard to the expeditious disposal of the trial, no doubt the petitioner will make every endeavour to cooperate with the trial and will not seek any adjournment at the trial even if there is a resolution of the Bar for not to attend or like nature..

CRM 8927 of 2021 is disposed of accordingly.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)