The State (CBI) v. Harish Kumar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR/22/2022 The State (CBI) ... Petitioner Vs.

Harish Kumar ... Respondent Mr. Rakesh Pal Gobind ... for the petitioner Mr. Mohd. Tabriz ... for the respondent June 29, 2022 [GNC] Item No.20 The prosecution has approached this Court for extending the time limit in view of the earlier direction passed by the Hon'ble High Court for completing the trial within the scheduled period. In fact, there is a reflection to that effect in the order dated 21st June, 2022 passed by the learned Special Court. Learned Advocate for the accused/respondent is present. Learned Advocate raises objection in respect of extension sought for on behalf of the prosecution and the manner in which the earlier order and time-frame was granted by the Hon'ble High Court.

In view of the settled proposition of law that a time-frame is directory in nature and obviously merit and stage of the judicial proceedings will always have an overriding effect wherever the time-frame is fixed, in this case the prosecution evidence is towards the end with only four witnesses required to be examined by the prosecution.

Mr. Gobind, learned Advocate for the CBI submits that the prosecution intends to examine the following witnesses:- (i) S.R. Bandopadhyay, CSW-87 (ii) S.R. Majumder, CSW-88 (iii) S. Bhattacharya, CSW-104 (iv) Prasenjit Roy, CSW -107 The order dated 21st June, 2022 passed by the learned Special Court reflects that two of the witnesses namely, Prasenjit Roy and S.R. Majumder were present, however, the Special Court was reluctant to examine the said two witnesses in view of the objections raised by the defence. Accordingly, Prasenjit Roy (CSW-107) and S.R. Majumder (CSW-88) are directed to appear before the learned Trial Court in the last week of July, 2022 starting from 25th July, 2022. The said witnesses will not leave the islands till there examinationin-chief and cross-examination is over.

The examination-in-chief and cross-examination of the rest of the two witnesses (CSW-87 and CSW-104) should be completed by 31st August, 2022. Schedule and the dates would be fixed at the discretion of the learned Special Court.

conclusion by granting appropriate opportunity to defence to examine their witnesses.

All endeavour must be taken by the learned Trial Court to pronounce the judgment by 30th November, 2022. With the aforesaid observations, CRR/22/2022 is disposed of.

Pending applications, if any, are consequently disposed of.

Parties including the learned Special Court are directed to act on the server copy of this order duly uploaded on the official website of the Hon'ble Calcutta High Court. ( Tirthankar Ghosh, J.)