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20.

CRR 673 of 2025

23.12.2025 Sahidul Molla @ Mondal

Bd.

Ct. 29 Vs.

The State of West Bengal

Mrs. Chandreyi Alam

Mr. Supriyo Roychowdhury

Ms. M. Roychowdhury

Mr. Manas Samanta

Ms. Pratiksha Hazrah … for the petitioner.

Mr. Debasish Roy

Ms. Amita Gour

Mr. Atif Ahmed Siddqui … for the State.

Status report submitted by the State is taken on

record.

The petitioner is an accused in connection with

DumDum P.S. Case No. 21 of 2009 dated 27.01.2009

under section 302/34 IPC read with sections 25 and 27 of

the Arms Act. A written complaint was lodged on

21.07.2009 against six accused persons including the

present petitioner.

Thereafter, since two accused persons out of six

including present petitioner were absconding the case was

filed in connection with the petitioner namely Sahidul

Molla @ Mondal and one Amal Mridha (since deceased) for

the present. Thereafter the case was committed before

learned Additional Sessions Judge wherefrom it was

transferred to the court of learned Additional Sessions

Judge, Fast Track 3rd Court, Barrackpore, for trial. On the

basis of prayer, trial was conducted against four accused

persons who were convicted after trial and present

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petitioner who was absconding was arrested at the fag end

of said trial. Trial court by the impugned order no. 128

dated 15.11.2017 was pleased to record for “denovo trial”

in respect of present petitioner for offence punishable

under section 302/34 of IPC. Accordingly, he made

necessary direction to the vernacular department.

Learned counsel for the State today placed a report

regarding present status of the case which discloses that

the present petitioner was brought under arrest at the

stage of Defence witnesses examination of said trial.

However, this Court directed to proceed with the trial for

four accused persons, who were present. Accordingly,

prosecution examined 31 witnesses and defence examined

six witnesses and after conclusion of trial said four

accused persons were found guilty and were convicted by

a Judgment dated 15.12.2016.

However, charge against present petitioner and

other accused Amal Mridha, (who were found as

absconding during trial of said four convict), was framed

on 20.09.2016. Aforesaid accused Amal Mridha is now

dead. The trial against present petitioner started with the

examination of P.W. 1 on 05.04.2018. Evidence of PW-2

concluded on 30.11.2022 and evidence of PW-3 concluded

on 28.07.2023. However, PW-5 expired in the meantime.

The evidence of other witnesses is in progress.

In the above background learned counsel for the

petitioner/ accused raised objection only about using the

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term “denovo trial” in the impugned order and subsequent

orders.

Having considered the facts and circumstances of

the case it appears that “denovo trial” is not applicable in

strict sense in the present case, rather the present

situation is guided under section 299 of Cr.P.C. In the

instant case for example PW 5 is now dead, so prosecution

would be justified in relying on the evidence already on

record in respect of PW-5 in the earlier trial recorded in

the absence of present petitioner under section 299(1)

Cr.P.C. Similarly, out of rest charge-sheet mentioned

witnesses, some of them in the meantime may have

become dead, or incapable of giving evidence or his

presence may not be procured without an amount of

delay, and in that case prosecution would be justified in

relying upon the evidence of such witnesses already on

record, taken in the earlier trial in absence of petitioner

herein.

Having heard learned counsel appearing for the

parties and considering the aforesaid facts and

circumstances of the case and also considering the

provision as laid down in section 299 of the Cr.P.C, the

instant trial would be conducted in respect of the present

petitioner, in compliance with section 299 of the Cr.P.C.

and the term “Denovo Trial” as appearing in the impugned

order as well as subsequent orders shall be treated as

non-est.

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In such view of the matter, CRR 673 of 2025 along

with connected application, if any, thus stan