Md Asradul Islam v. State Of West Bengal

29.11.2023 item No.15 Rakib (PA) ct. no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 3981 of 2023 In the matter of : Md. Asradul Islam.

....Petitioner Mr. Angshuman Chakraborty, Mr. S.S. Saha.

.... For the Petitioner.

Mr. Arabinda Manna.

....For the State Pursuant to the service being affected Mr. Arabinda Manna, learned Advocate appears on behalf of the State. Mr. Angshuman Chakraborty, learned Advocate appearing for the petitioner submitted that the petitioner is in custody since 9th July, 2022 and the Investigating Agency on conclusion of investigation submitted charge-sheet on 31st August, 2022. Supplementary charge-sheet was submitted on 28th February, 2023. The learned Special Court after consideration of the materials was pleased to frame charges on 6th May, 2023.

It is seen from the record that the prosecution in order to prove its case has relied upon 8 witnesses but till date none of the witnesses are examined.

The petitioner is in custody since one year and four months, having considered the period of detention of the petitioner, I am of the view that the anxiety so expressed by the learned Advocate is

justified. Accordingly I direct the learned Trial Court to fix at least one schedule consisting of three days and such schedule be fixed 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. No unnecessary adjournment should be granted to either of the parties.

Superintendent of Police of concerned District will ensure relating to production of witnesses in connection with the instant case if any information is sent to his Office. If any witness cannot be traced the Superintendent of Police would immediately communicate to the learned Special Court.

The learned Public Prosecutor conducting the case would produce materials, exhibits on the date so fixed for examination of witnesses. All stakeholders would cooperate with the learned trial Court to conclude the trial at the earliest.

With the aforesaid observations CRR 3981 of 2023 is disposed of.

Pending connected 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. (Tirthankar Ghosh, J.)