Calcutta High Court (Appellete Side)
In Re : Shamim Hossain @ Gill vs K.A. Najib on 1 September, 2021
01.09.2021
Court No.30
Avijit Mitra
CRM 10910 of 2020
(Via video Conference)
In Re:- An application for bail under section 439 of the Code of
Criminal Procedure ;
And
In Re : Shamim Hossain @ Gill
Petitioner.
Mr. Debasis Kar,
Mr. Subhajit Chowdhury
... for the Petitioner
Mr. Swapan Banerjee,
Mr. Suman De
... for the State.
The present application under Section 439 of the Code of
Criminal Procedure has been preferred by the petitioner in
connection with Panduah Police Station Case No.59 of 2013 dated
22.02.2013 under Sections 302/120B of the Indian Penal Code
and 25/27 of the Arms Act. Let the supplementary affidavit filed
by the petitioner be kept on record.
Mr. Kar, learned advocate appearing for the petitioner
submits that the petitioner is languishing in custody for more
than eight years and the case has not yet been committed. It is
thus explicit that there is no possibility towards early conclusion
of the trial in the near future. Deprivation of personal liberty
without ensuring speedy trial would not be in consonance with the
right guaranteed under Article 21 of the Constitution of India and
in view thereof, further detention of the petitioner is not warranted
in the facts and circumstances of the case. In support of such
contention, Mr. Kar has placed reliance upon a judgment dated 1 st
February, 2021 delivered by the Hon'ble Supreme Court in the
case of Union of India vs. K.A. Najib.
Mr. Banerjee, learned advocate appearing for the State
opposes the petitioner's prayer and submits that twenty four other
criminal cases are pending against the petitioner. One co-accused
person in the present case namely, Sk. Khajana is still now
absconding. Another co-accused person, namely, Md. Sahid Ali
had surrendered before the learned Court below only on 3 rd March,
2021. The next date has been fixed before the Court of the learned
Chief Judicial Magistrate, Sadar, Chinsurah, Hooghly on 15 th
September, 2021 for appearance and warrant of arrest. It is thus
explicit that the delay which has occasioned is not solely
attributable to the State. The period of delay also stands
intervened by a period lost due to the pandemics. Let the report,
as filed, be kept on record.
In reply, Mr. Kar further submits that the petitioner is on bail
in the other criminal cases and that the co-accused person,
namely, Sk. Sahid Ali was granted bail way back in the year 2014.
We have heard the learned advocates appearing for the
respective parties and considered the materials on record.
The present application has been preferred primarily on the
ground of long detention. It appears from the report filed by the
State that one accused person is still absconding whereas the
other accused person has surrendered before the learned court
below only in the month of March, 2021. Due to the pandemics,
normal functioning of the learned court below was affected for a
substantial period of time. The delay which has occurred is thus
not totally attributable to the State. The petitioner is involved in
twenty four other criminal cases. Having regard to the petitioner's
antecedents and the gravity of the offence, we are not inclined to
exercise any discretion in favour of the petitioner and his prayer
for bail is refused at this stage.
Accordingly, the application for bail, being CRM 10910 of
2020, is dismissed.
However, the learned Chief Judicial Magistrate, Hooghly is
directed to take immediate steps to commit the case to the learned
Sessions Court so that the charges can be framed and the trial
may commence, as expeditiously as possible, preferably within the
first week of November, 2021. Needless to observe, the learned
Sessions Court shall take all possible steps and such other
additional steps adhering to the mandate under Section 309 of the
Code of Criminal Procedure and would be free to fix consecutive
dates so that the trial may be concluded as expeditiously as
possible without granting any unnecessary adjournment to either
of the parties.
All parties shall act on the server copies of this order duly
downloaded from the official website of this Court.
(Rabindranath Samanta, J.) (Tapabrata Chakraborty, J.)
