ALOKE SAMADDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for bail in connection with a case under Sec. 120 B/395/397 of the Indian Penal Code and25 (b) (a)/27 Arms Act.

(2.) The case of the prosecution in brief is that the accused-petitioner in connivance with one other entered the room of the complainant, forcibly assaulted the victim/complainant with "Bhojali" and fled away in a taxi with valuables of the complainant. Furthermore, it is alleged that there has been recovery of one gold finger ring and one Arab Republic of Egypt currency note from the possession of the accused-petitioner. On such basis Netaji Nagar Police Station case no. 48 of 2016 dated 09.02.2016 under Sec. 120B/395/397 of the Indian Penal Code and Sec. 25 (a) (b)/27 of the Arms Act was initiated.

(3.) Learned Advocate appearing on behalf of the accused-petitioner submitted that in relation to the present case he was arrested on 01.03.2016 and till date he is languishing in custody, which is for a period of more than 5 years. Further after filing of the charge-sheet, the case has been transferred to Additional District and Sessions Judge, Fast Track Court, Second Court, Alipore, 24-Parganas (South) for trial and disposal. He drew our attention to the fact that out of 45 witnesses only 7 witnesses have been examined so far and there is remote possibility of early completion of trial. He further submitted that due to such delay in conclusion of trial, as above, there is unjustified deprivation of personal liberty of the accused-petitioner resulting in violation of his fundamental right to life and liberty as envisaged under Art. 21 of the Constitution of India. In support of his contention, he has placed reliance on the decision of the Hon'ble Apex Court passed in Hussainara Khatoon and others versus Home Secretary, State of Bihar reported in AIR 1979 SC 1369 and A.R Antulay versus R.S Narayan and another reported in AIR 1988 SC 1531. He further went on to submit that on the ground of such protracted detention one of the co-accused namely Hajiful Ali has been granted bail by the co-ordinate bench of this Hon'ble Court in CRM no. 409 of 2021. As this accused-petitioner is similarly circumstanced and stands on the same footing, he may also be enlarged on bail.