Sanjoy Kumar Das and Another vs State of West Bengal

K.T. Thomas and M.B. Shah, J.—Leave granted.

The examination of witnesses was in progress and the mother of the deceased has been examined in-chief. Last time also, we thought that after the examination of the mother, the Appellants could be released on bail during the remaining part of the trial considering the young age of the Appellants. But today, we are told by the learned standing counsel for the State of West Bengal that the trial court has fixed the next dates to February 24 and 25, 2000 for cross-examination of the mother whose examination-in-chief was already over. This is in conflict with the principle involved in Section 309 of the Code of Criminal Procedure, particularly when the accused were languishing in jail. No proper excuse or justification has been placed for posting the case to such a distant date for cross-examination of a witness whose examination-in-chief is over. The Sessions Judge seems to have by-passed the Parliamentary mandate incorporated in Section 309 of the Cr. P.C. It is for the High Court to consider whether the excuses put forward by him are justifiable or not.

In view of these circumstances, we are not disposed to keep the Appellants to continue in jail during the remaining part of the trial. We, therefore, order that they be released on bail to the satisfaction of the trial Judge on executing a bond each with two solvent sureties to the satisfaction of the trial Judge. We permit the trial Judge to impose such other conditions as may be necessary for preventing the accused from tampering with the evidence or influencing the remaining witnesses.

This appeal is disposed of accordingly.