Act And 3 And 5 Of The Es Act vs In Re : Siddhartha Mondal
2023 Latest Caselaw 625 Cal

19.01.2023 tkm/ct 28 C.R.M. (DB) 243 of 2023 sl no.46 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bishnupur Police Station Case No. 317 of 2010 dated 29.6.2010 under Sections 18B/19/20 of the UAP Act read with sections 121/121A/122/124A/120B IPC and 25/27/35 of the Arms Act and 3 and 5 of the ES Act And In Re : Siddhartha Mondal ........ petitioner

Mr. Ratan Das ...... for the petitioner

Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ...... for the State

Petitioner is in custody for more than 11 years. He submits

there is inordinate delay in trial. Co-accused is on bail. He prays for

bail.

Learned lawyer for the State opposes the bail prayer. He

submits bail of the petitioner was cancelled in 2015 by the Hon'ble

Apex Court. Date has been fixed for pronouncing judgment on 14th

February 2023.

In response, learned lawyer for the petitioner submits

judgment has not been delivered in view of the observations of the

Hon'ble Apex Court in Writ Petition (Civil) 682 of 2021.

We have considered the materials on record. Petitioner is in

custody for more than 11 years. Ordinarily in view of the protracted

period of detention we would have been inclined to enlarge the

petitioner on bail. However, we are informed the case is at its fag

end and fixed for pronouncing judgment.

It is contended trial court has not proceeded to pronounce

judgment in view of the observations of the Hon'ble Apex Court in

Writ Petition (Civil) 682 of 2021. We have considered the said

directions of the Hon'ble Apex Court in Writ Petition (Civil) 682 of

2021. The restrictions operate with regard to offence punishable

under section 124A IPC only. Charges in the present case have

been framed for graver offences and there is no embargo to proceed

against such offences.

In the light of the aforesaid fact, trial court is directed to

pronounce the judgment in respect of the said offences on the date

so fixed and if it is unable to do so, positively within a fortnight

thereof.

Matter will appear on 13th March 2023.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)