application for speedy trial

 

In the Court of the Learned 8^th Additional District Session Judge, at Alipore South 24 Pargana.

 

Case No. : Session Trial No. 5(3) of 2012

In the matter of ;

State

Versus

Abhishek Shaw & Others

…….Accused

 

An application for Speedy Trial on behalf of the accused Abhishek Shaw;

The humble petition on behalf of the accused most respectfully;

 

 Sheath as under :

 

1. That the petitioner is in judicial custody since the date of his arrest. He was arrested on 01/02/2011, while he was a finial year student of B.Com at Prafulla Chandra College. His arrest spoiled his future education.

 

2. That the present session trial is continuing into an FIR No. 15 of 2011 registered at Ballygunge Police Station on 30/01/2011, which started on the basis of a complaint lodged by one Smt. Rekha Roy, alleging commission of offence under Section 302/394/34 of the Indian Penal Code. Two others were booked for such alleged crime.

 

3. That the allegation made in the aforesaid complainant are in effect that the elder brother of the complainant who had a habit of drinking and is a two time divorcee along with the mother of the complaint were allegedly found dead on the morning of 30/01/2011 by the police in their resident and that the accused person have allegedly murdered her brother and mother and robbed gold ornaments.

 

4. The trial is currently pending for 13 years, 1 month, 12 days, till the day of placing this petition. The accused Abhishek Shaw is in judicial custody for 4,789 (Four Thousand Seven Hundred and Eighty Nine) days, till the day of placing this petition. The trial is continuing and only 17 out of 36 no. of prosecution witness have been examined in 13 years, 1 month, 12 days, and there is a delay in the conduct of the trial and the conduct of accused has not contributed to the delay. Such delay in trial is causing mental anguish to the Petitioner and his basic right to Expeditious trial is being trampled upon.

 

5. That during the trail, prime witness and defacto complainant Smt. Rekha Roy has been examined, and thereby she did not disclose any substantial material or facts against this accused person.  

 

6. That it has been more than Twelve 13 years, 1 month, 12 days, since has not seen the light of normal life except for the day of 05/12/2019 when he was released on payroll for fulfilling the last rites of his deceased mother. The conduct of the petitioner was in cooperation with the police and the petitioner had duly surrendered before the police after that.

 

7. That in view of the outbreak of pandemic, possibility of earn conclusion of trial is also bleak and the health of the petitioner is potential danger of being exposed to the contagion in the  correctional home as it is proven that the disease caused due to the deadly COVID-19 virus does not discriminate a person in term of age and health and can happen to anyone. It would be in the interest of justice to allow the present petitioner who has been away from home for so long to be united with his family members and that they have lost an important family member recently. Hence the petitioner may be released on interim bail during such difficult time of medical emergency where social distancing and a good hygiene is of utmost priority.

 

8. That the accused has a family comprising of his father, younger brother, married sister and other relatives. This shows he has roots in society and there is no chance that he will abscond during the bail period. After so many years he wants to jut reside with his family.

 

9. That the petitioner is innocent and has been falsely implicated in connection with the present case with an ulterior motive.

 

10. That the entire matter is based on circumstantial evidence and there is no eye witness. The Prosecution has taken 13 years, 1 month, 12 days, to examine only 17 PWs and rest of the witnesses may take some more years to be examined. In such scenario, the chance of prosecution to even make a case at the end of the trial seems bleak.

 

11. That the petitioner is a young man and was a final year student of B.Com and has his whole life and a bright future ahead of him and he has already served under-trial jail time for 13 years, 1 month, 12 days.

 

12. That the Constitutional guarantee of speedy trial is an important safeguard to prevent undue and oppressive incarceration during prolong trial and to limit the possibilities that long delays will impair the ability of an accused to defend himself.

 

13. That the petitioners seek for speedy trial of the present criminal proceedings, if needed day to day basis, in the interest of administration of Justice.

 

14. That unless the Learned Court grant speedy trial of the present criminal proceedings, the Petitioners will highly prejudice and suffer with irreparable loss and injury, thereof.

 

15. This petition is made bonafide and in the interest of administration of justice.

It is therefore prayed that your Honour would graciously be pleased to direct the speedy trial of the present criminal proceedings if needed day to day basis, in the interest of administration of Justice, and or to pass such necessary order or orders as your Honour may dim feet and proper for the end of justice.

 

And for this act of kindness, the petitioner is in duty bound shall ever pray.