- (1.) ON 3rd March, 2009, having heard the learned lawyer for the parties, we directed the Registrar (Judicial Service) to submit a report as to whether additional District and Sessions Judge, 7th Court, Alipore, is lying vacant or not.
(2.) IT is reported that the said Court has been lying vacant since 8th april, 2008. Admittedly, in this case evidence is complete, only the matter is to be argued. The petitioner is in custody for about more than eight years. The speedy trial of any accused is a fundamental right, is the settled law now. Therefore, the aforesaid fact reveals that the petitioner even without trial has undergone eight years of imprisonment and there is no prospect of this matter being heard out within a very short time. While weighing balance between fundamental right and the accused person being brought to book with due process of law ; we think during all this time since 8th April, 2008 the petitioner's detention in custody has been and will be for nothing rather it will be at least partial denial of his fundamental right. The charges are serious. The petitioner is facing trial during custody.
(3.) IT is submitted on behalf of the State that in another case which is an equal footing bearing No. C. R. M 2214 of 2009, this Court has rejected the prayer for bail. We have seen the order of that matter dated 24th February, 2009. On that date we were given to understand that as if the Court was functioning.;