Citation : 2023 Latest Caselaw 299 Cal
Judgement Date : 10 January, 2023
10.01.2023 S/L No.19 KS
C.R.R. 1984 of 2021
Sk. Abdul Zahid
-Vs.-
The State of West Bengal
Ms. Dipika Sarkar Mr. Siddhant Srivastava .....For the Petitioner Md. Anwar Hossain Ms. Monisha Sharma .....For the State
State submits a report which reflects that the evidence has
already commenced but because of the six accused persons being
involved, adjournment is strategically taken by the accused persons so
that the trial of the case cannot progress. It has also been submitted that
because of the Pandemic the prosecution could not conduct the evidence
smoothly. Report be kept with the record.
Records reflect that the petitioner is in custody for a considerable
period of time and it is the examination of the first witness which is yet
to be completed.
In view of the peculiar circumstances created by the systematic
delay which may be either because of the prosecution, the accused or
other compulsions by the Learned Trial Court, I direct that on each and
every month at least the evidence of one witness must be completed.
Since, there are eight witnesses in this case, the examination of the eight
witnesses must be completed by 31 st August, 2023. The Learned Trial
Court would fix examination of the accused persons under Section 313
of the Code of Criminal Procedure between 4 th September, 2023 to 22nd
September, 2023, defence evidence, if any, be called for/fixed and
thereafter judgment must be delivered by the Learned Trial Court
between 16th October, 2023 to 19th October, 2023.
With the aforesaid observations, C.R.R. 1984 of 2021 is disposed
of.
Pending applications, if any, are consequently disposed of.
All parties are directed to act on the server copy of this order
downloaded from the official website of this Hon'ble Court.
(Tirthankar Ghosh, J.)
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