Sk Sarwari @ Sarwari Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

Sk Sarwari @ Sarwari Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Conditional release on bail directed: the petitioner is to be released after the prosecution examines witnesses CSW 19, CSW 20, CSW 21, CSW 32 and CSW 33, whose evidence is to be given priority and recorded at the earliest; the State's report is to be kept with the record.

Issue for consideration

Whether the petitioner, in custody since 15 July 2023 in Ekbalpore Police Station Case No. 412 of 2023 under Sections 302/34 IPC, should be released on bail when only three of 57 cited prosecution witnesses have been examined. +1 more

Court's answer

The delay in the trial is not solely attributable to the prosecution, because an application under Section 306 CrPC was filed, was subsequently rejected, and consumed substantial time.

Ratio / Principle

Considering custody of two years eight months, the petitioner is to be released on bail after the prosecution examines CSW 19, CSW 20, CSW 21, CSW 32 and CSW 33.

Key takeaways

The evidence of the identified witnesses (CSW 19, CSW 20, CSW 21, CSW 32, CSW 33) is to be granted priority and efforts exerted so that they are examined at the earliest.ratio¶13

Detailed headnote1 paragraphs

Conditional bail under S.439 CrPC / S.483 BNSS in connection with Ekbalpore Police Station Case No. 412 of 2023 dated 13.07.2023 under Sections 302/34 IPC (CRM (M) 240 of 2026, decided 07.04.2026, Tirthankar Ghosh, J.). Petitioner in custody since 15.07.2023, i.e., about two years and eight months, with only three of 57 cited prosecution witnesses examined. The Court found the delay was not solely attributable to the prosecution, as an application under Section 306 CrPC, later rejected, had consumed substantial time. Release on bail was directed conditional upon the prosecution first examining the witnesses it treats as vital - T.I. Parade witnesses CSW 19, CSW 20, CSW 21 and CCTV-footage witnesses CSW 32 and CSW 33 - with their evidence to be accorded priority and recorded at the earliest. Application disposed of; the State's report kept with the record.

07.04.2026 Court No.35. D/L.26. Rakib (Rejected)

CRM (M) 240 of 2026

In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ekbalpore Police Station case no. 412 of 2023 dated 13.07.2023 under Sections 302/34 of the Indian Penal Code.

And

In the matter of : Sk. Sarwari @ Sarwari. Mr. Arindam Jana Mr. Yuvraj Chatterjee Mr. Saikat Guin Mr. Saheb Naskar .....for the Petitioner. Mr. Ranadeb Sengupta Ms. Suruchi Saha

……Petitioner. .....for the Petitioner. ……for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since 15^{th of} July, 2023 and till date only three witnesses have been examined out of 57 witnesses cited by the prosecution.

Learned advocate appearing for the State opposes the prayer for bail and submits that there are three T.I. Parade witnesses being CSW 19, CSW 20, CSW 21 and two witnesses relating to the CCTV footages being CSW 32 and CSW 33 which the prosecution intends to examine in the interest of the case and considers to be vital witnesses.

Having considered that the petitioner already in custody for two years eight months, the delay which has occurred is not solely attributed to the prosecution as an application under Section 306 of

2

the Cr.P.C was filed which was subsequently rejected and consumed substantial time.

In view of the aforesaid, I direct that the petitioner be released on bail after the CSW 19, CSW 20, CSW 21 and CSW 32, CSW 33 are examined by the prosecution.

Let the evidence of the said witnesses be granted priority and efforts be exerted so that the witnesses are examined at the earliest.

With the aforesaid CRM (M) 240 of 2026 is disposed of.

Report submitted by the State be kept with the record.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)