ARUN KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) LIBERTY is granted to the learned Advocate of the petitioner to correct the p. S. case No. in the cause title of the petition.

(2.) THE petitioner was arrested in the connection with this case on 12th February, 2000 and since then he is in custody. The case was committed to the Court of sessions and charge was framed on 20th March, 2002. Recording of evidence was started on 13th September, 2005. Last witness was examined on 17th March, 2006. Although some witnesses were examined in the present case, it appears from the order sheet that after 2006 there is absolutely no progress in the trial. The Court is also lying vacant since 1st October, 2006 as it was ascertained by this Court from the Registry. Admittedly the accused petitioner is languishing in jail for more than eight and half years as under trial prisoner.

(3.) FROM the order sheet it appears that on number of occasions dates were fixed for recording evidence but trial was adjourned time to time on such dates on different grounds such as, absence of presiding officer, observing cease work by the learned Advocates, non production of prosecution witnesses etc. It also appears from the order sheet that the accused is languishing in jail for no fault of his own