Sahad Ali Mondal And Another v. State Of West Bengal

12.10.2023

IN THE HIGH COURT AT CALCUTTA

Item No.93 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3728 of 2023 In the matter of : Sahad Ali Mondal & Anr. ... Petitioners. Mr. Arnab Chatterjee, Ms. Dhanasree Biswas, Ms. Poulami Bose ... For the Petitioners.

Mr. Tanmay Kumar Ghosh, Mr. Mirza Firoj Ahmed Begg ... For the State.

Learned advocate appearing for the petitioners is directed to serve a copy of this revisional application upon Mr. Mirza Firoj Ahmed Begg, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioners submits that the petitioners were arrested on 18.04.2022 and on conclusion of investigation, charge-sheet was submitted. Learned advocate submits that charge has already been framed on 08.09.2023 and the next date is fixed on 19.10.2023. The prosecution in order to prove its case cited eight witnesses.

Having regard to the fact that the petitioners are in custody for one year six months, I am of the view that the anxiety expressed by the petitioners is justified. It is also fact that the learned trial court is exerting its best effort to progress with the case and as such after the charge was framed on 08.09.2023, Ld. Court fixed date on 19.10.2023 as the next date. Although dates are expected to be fixed at regular intervals, this Court feels that the learned trial court

would give opportunity by fixing schedule consisting of three dates and fix such schedule once in every two months so that trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment should be granted to either of the parties.

In case any witness is reluctant to appear on the date so fixed, the learned trial court would communicate with the Superintendent of Police of the concerned district who would take steps for ensuring the presence of the witness concerned.

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

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

With the aforesaid observations, the revisional application being CRR 3728 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.)