ITEM NO.2 COURT NO.8 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 47342/2023
(Arising out of impugned final judgment and order dated 18-10-2023 in CRM (NDPS) No. 1712/2023 passed by the High Court At Calcutta)
ATABUR RAHAMAN Petitioner(s)
VERSUS
THE STATE OF WEST BENGAL Respondent(s)
(FOR ADMISSION and I.R. and IA No.39095/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.39094/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS )
Date : 19-02-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE VIKRAM NATH
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA
For Petitioner(s) Mr. Dibyadyuti Banerjee, Adv.
Mrs. Sumedha Halder, Adv.
Mr. Rohit Jaiswal, Adv.
Mr. Ravi Shankar Prasad, Adv.
Mr. Bala Sahkari, Adv.
Mr. Abhijit Sengupta, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
It is not an issue that three out of 32 witnesses have already been examined by the prosecution. The High Court has already directed the Trial Court to conclude the trial within one year i.e. by January, 2025.
In these circumstances, we are not inclined to consider this petition for grant of bail, however, if the trial is not concluded within a period allowed by the High Court, for no reason attributable to the petitioner, it will be open to the petitioner to revive his prayer for bail. The Special Leave Petition is, accordingly, dismissed.
Pending application(s) shall stand disposed of.
(SONIA BHASIN)
COURT MASTER (SH) (RANJANA SHAILEY)
COURT MASTER (NSH)