08.10.2026 ct 33 C.R.M.(M) No. 2049 of 2026 sl no. 23 cm In Re : In Re : An application under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Berhamporea P.S. Case No. 1400 of 2024 dated 18.09.2024 Sections 103(1) of the Bharatiya Nyaya Sanhita, 2023. And Rejected In Re : Kasim Chowdhury @ Kashim Chowdhuri @ Md. Kasim. ….. petitioner Mr. Pawan Kumar Gupta Ms. Sofia Nesar Mr. Santanu Sett …… for the petitioner Mr. Rajashree Venket Kundalia Mr. Aditya Ratan Tiwary …… for the State 1. The learned advocate representing the petitioner submitted the trial is proceeding at an extremely slow pace spread over more than a decade. The prosecution had been unsuccessful in presenting the witnesses before the trial court for recording evidence. The petitioner is in custody for three years and two months. There is no possibility of conclusion of the trial within six months to reach the stage of Section 313 of the Code of Criminal Procedure as observed by the coordinate Bench of this Court while disposing of CRM(M) 1802 of 2025 on 3rd November, 2025. 2. The learned advocate representing the State submitted the present petitioner to have been absconding for 12 years which prevented the progress in trial. More-over, the trial court had remained vacant. The next scheduled date has been fixed on 15th October, 2026 for recording further 2 evidence of P.Ws.3 and 4 out of 18 proposed witnesses. The conduct of the present petitioner to have absconded for a period of 12 years precluded the Trial Court from the recording of evidence. 3. It was further submitted by the learned advocate representing the petitioner that the absence of the present petitioner did not deter the Court from recording the evidence and the present petitioner surrendered before the Learned Trial Court prior to the date of his examination under Section 313 of the Cr.P.C. 4. Considering the entire conduct of the present accused and the fact that the examination under Section 313 of Cr.P.C. is yet to be concluded and in view of the observations of the coordinate Bench vide order dated 3rd November, 2025 in CRM((M) 1802 of 2025, the prayer for bail of the petitioner is rejected. 5. The trial court is to comply with the order of the coordinate Bench of this Court as aforesaid within further period of six months from the date of communication of this order positively. 6. The memo of evidence filed by the State be taken on record. 7. Accordingly, the application being CRM(M) 2049 of 2026 is dismissed. (Ananya Bandyopadhyay, J.)