06.08.2026 Sl. No.08. Ct. No.237 Suman CRR 1600 of 2026 Ajoy Kumar -vs- The Central Bureau of Investigation Mr. Milon Mukherjee, Sr. Adv. Mr. Biswajit Manna ..for the petitioner Mr. Amajit De, Special P.P., CBI ..for CBI This application has been filed seeking expeditious disposal of Sessions Case No. 103 of 2008 (Sessions Trial No. 2 (April, 2011)), pending before the Court of the learned Additional Sessions Judge, Bench-II, Bichar Bhaban, Calcutta, arising out of RC Case No. 18(S)/2007-SCU.I/CBI/SCR-I. The petitioner is presently serving as the Director General of Police, Headquarters, Bhabani Bhawan, Kolkata. Mr. Mukherjee, learned Senior Advocate appearing for the petitioner, submits that, on an earlier occasion, a Co- ordinate Bench of this Court directed the learned Trial Judge to proceed with the trial on a day-to-day basis with effect from January 8, 2024, and not to grant unnecessary adjournments to either of the parties. The learned Trial Judge was also directed to make an endeavour to conclude the trial by December, 2024. Despite the aforesaid directions, only 69 out of 184 prosecution witnesses have been examined till date. Mr. Mukherjee further submits that the maximum punishment prescribed for the offences alleged against the petitioner is imprisonment for a term of two years. It is further submitted that the petitioner is due to retire from service on August 31, 2026. Owing to the pendency of the aforesaid criminal proceedings, the petitioner apprehends that his retiral benefits may not be released by the State. Having regard to the fact that 115 witnesses are yet to be examined, it appears to be practically impossible for the learned Trial Judge to conclude the trial before the petitioner's retirement. At the same time, this Court cannot overlook the fact that the trial has remained pending for nearly eighteen years. The petitioner's constitutional right to a speedy trial appears to have been seriously compromised. The petitioner, however, continues to enjoy the presumption of innocence unless and until he is found guilty by a competent court upon conclusion of the trial. In view of the aforesaid facts and circumstances, it is clarified that the mere pendency of the present criminal proceedings against the petitioner shall not stand in the way of the State in releasing the petitioner's legitimate retiral dues, subject, of course, to there being no other legal impediment. With the aforesaid observations, CRR 1600 of 2026 is disposed of. 2 Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.) 3