Bappaditya Chatterjee v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 10-11-2020 Subrata/Rajib item no. 9 rejected C.R.M. No.8729 of 2020 Bappaditya Chatterjee -vsThe State of West Bengal In Re: Application under section 439 CrPC in connection with Special Case No.219 of 2019 arising out of Patuli P. S. Case No. 193 of 2019 dated October 19, 2019 under sections 6 of Protection of Children from Sexual Offences Act.

Mr. Mrityunjoy Chatterjee ...for the petitioner Mr. Z.N. Khan Mr. M.F.A. Begg ... for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking.

The petitioner complains of being in custody for more than 400 days without any trial being conducted.

If the petitioner lives on the same planet which has been hit by the pandemic, the petitioner would have realised that the normal business has remained suspended across the globe for the best part of the year. It is unjustified to expect criminal trials to be conducted in the present atmosphere.

Considering the material against the petitioner, particularly the statement of the minor survivor, the prayer for bail is rejected. CRM No.8729 of 2020 is disposed of.

[Arijit Banerjee, J] [Sanjib Banerjee, J]