Calcutta High Court (Appellete Side)
Prava Pramanik @ Prabha Pramanik vs Unknown on 2 August, 2023
02.08.2023.
22.
Ct.No.28
as
(Rejected)
C.R.M. (DB) 2070 of 2023
In Re:- An application for bail under Section 439 of the Code
of Criminal Procedure in connection with Baduria P. S. Case
No.815 of 2016 dated 22.11.2016 under Sections
369/370(5)/315/120B/34/ 367/368/ 419/420/ 201/ 467/
304 of the Indian Penal Code read with Sections 75/80/81 of
the Juvenile Justice (Care & Production) Act.
In the matter of : Prava Pramanik @ Prabha Pramanik.
... Petitioner.
Mr. Soumen Kr. Dutta,
Mr. Sabyasachi Bhattacharjee.
...for the Petitioner.
Mr. Saswata Gopal Mukherji, ld. P.P.,
Mr. Rudradipta Nandy, ld. A.P.P.
Mrs. Sonali Das.
...for the State.
Petitioner has strenuously argued that his right to speedy
trial has been infracted. He is in custody for more than seven
years and the trial court has not been able to conclude trial
inspite of directions given by this Court. He relies on Rabi
Prakash Vs. The State of Odisha1.
Learned Public Prosecutor submits trial is at its fag end.
The last prosecution witness i.e. Investigating Officer was
examined and dates have been fixed for his further
examination on 17th and 18th August, 2023.
We have considered the materials on record. Petitioner is
one of the principal accused who is involved in the illegal sale
of babies from nursing home. Co-accused viz., doctors have
been enlarged on bail. Petitioner is the principal conduit
through whom the illegal sale of babies were arranged. It
SLP (Crl) No.4169 of 2023 dated 13.07.2023
cannot be said that his degree of culpability is the same with
the co-accused viz., doctors who manned the nursing home.
That apart, trial is at its fag end and the examination of the
last prosecution witness is in progress.
In Rabi Prakash (Supra), the Hon'ble Apex Court, inter
alia, held grant of bail by the Constitutional Court on the
ground of inordinate delay and breach of Article 21 of the
Constitution of India stands on a different footing from a
prayer on merits.
We are conscious of our powers to grant bail on the
ground of inordinate delay. While considering bail prayer on
such score, Courts must not only consider the protracted
period of detention but also the stage of the proceeding.
Presently, the criminal trial is at its fag end and in all
probability the case will come to its logical conclusion in a
couple of months.
Under such circumstances and bearing in mind the
gravity of the offence and the evidence adduced against the
petitioner as a prominent player in an organised crime activity
involving trafficking of babies, we are not inclined to enlarge
the petitioner on bail.
Accordingly, the prayer for bail of the petitioner is
rejected.
We direct the trial court as follows:
1) Examination of the investigating officer shall be
concluded in the course of next schedule i.e. on 17th
and 18th August, 2023. No adjournment shall be
given to either of the parties. The schedule shall not
be disturbed by other systemic reasons like
cessation of work in the courts etc.
2) In the event, the witness cannot be examined in the
course of the said schedule, it must be concluded
within seven days thereof.
3) Thereafter, the trial court shall examine the accused
persons under Section 313 of the Code of Criminal
Procedure. No adjournment shall be given on the
ground of non-availability of the accused. In the
event, an accused is not produced the trial court is
at liberty to ensure his attendance through video
linkage. To avoid delay, questionnaire may be
handed over to the accused and their written
statements as envisaged under Section 313(5) of the
Code of Criminal Procedure be obtained. This
exercise shall be concluded within 15 days from the
date of closure of prosecution evidence.
4) In the event, defence does not wish to adduce
evidence, the arguments of the parties shall be
concluded not later than a fortnight from the date of
completion of examination of accused under Section
313 of the Code of Criminal Procedure.
5) Judgment shall be delivered within two months from
the date of conclusion of arguments.
The aforesaid schedule is pre-emptory and shall be
adhered to. In case of failure, petitioner is at liberty to
approach this Court for bail. Parties shall co-operate with the
trial Judge to conclude the trial as proposed.
Copy of this order be communicated to the trial court for
due compliance.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
