Rajesh Singh@Tongbram Chand Singh And ORS v. The State Of West Bengal
CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 24.08.2023 Court No.1 Item No.16 (sg/KS) CRM (DB) 467 of 2023 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Siliguri Police Station Case No.652 of 2017 dated 08.09.2017 under Sections 394/ 397/ 326/ 307/ 120B of the Indian Penal Code and Section 25(1)(a)/27/35 of the Arms Act.
And In the matter of:
Rajesh Singh @ Tongbram Chand Singh & Ors.
. .. . . . . .Petitioners.
Mr. Hillol Saha Podder Ms. Moushumi Das For the Petitioners.
Mr. Sourav Ganguly Mr. Dhiman Sil For the State.
1.
The three accused persons before us, who were intercepted at the time of allegedly robbing a jewellery shop in Siliguri. The petitioners complain that the petitioners have been in custody for almost six years and that despite a direction of a Co-ordinate Bench dated 8th September, 2022 for conclusion of the trial within a year from that date, there has been a little progress in the trial. 2.
Learned counsel appearing for the prosecution submits that out of 37 witnesses, the examination-in-chief of 27 witnesses has already been completed and the remaining 10 witnesses are mostly police personnel.
3.
We find that the petitioners' team was responsible for the delay in the crossexamination of these witnesses and that the next date is fixed on 25 - 27th September, 2023 for continuation of the trial. 4.
Although, it is correct that one year from the date of the Co-ordinate Bench's order will be over in the next month, we are not inclined to allow the prayer for bail only on this ground. We deem it fit to request the learned Trial Court to expedite the trial and conclude the same within three months from date. The petitioners will be at liberty of renewing their prayers for bail if there is any further delay in the trial.
5.
CRM (DB) 467 of 2023 is accordingly rejected in terms of the above reasons. (PRASENJIT BISWAS, J.) (MOUSHUMI BHATTACHARYA,J.)