Naba Kumar Dhar v. The State

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

CRM(DB)/1/2024 Naba Kumar Dhar Vs.

The State Mr. D.Ilango ... for the petitioner Ms. A.S.Zinu ... for the State February 2, 2024 [SR] Item No.1 This is an application for bail.

The husband of the deceased is the complainant before us. The charge is that the petitioner, the alleged accused, committed the murder of the wife of the petitioner. We have perused the case diary and heard the submission of the learned counsel.

The petitioner has been in custody for about five months. The incident occurred on 1st August, 2023, charge sheet was submitted on 27th October, 2023 and charges were framed on 23rd January, 2024.

It appears from the submissions of counsel that the prosecution seeks to file a supplementary charge sheet based on CFSL report which is to arrive from Kolkata. The Court is informed that the material was sent for examination in December, 2023. We are also told that there are twenty two witnesses who are to be examined but the evidences have to wait until the arrival of the CFSL report.

Considering the gravity of the charge and the 164 statement given by the driver of the vehicle of the deceased, we are not inclined to allow the prayer for bail. We, however, deem it fit to request the learned Sessions Judge at Port Blair to expedite the trial as far as possible under the circumstances and make a sincere effort to complete the same within eight months from the date of receipt of the CFSL report. The prosecution is also directed to take immediate steps for obtaining the CFSL report failing which the petitioner will be at liberty to approach the Court. CRM(DB)/1/2024 is disposed of in terms of the above. ( Moushumi Bhattacharya, J. ) ( Hiranmay Bhattacharyya, J. )