The Calcutta High Court has expressed serious concern over the slow progress of a murder trial in which the accused has remained in custody for over four years. While hearing a bail application, the Court noted dissatisfaction with the conduct of the prosecution and directed the State to take immediate steps to replace the public prosecutor handling the case.
Background of the Case
The matter arose from a bail plea filed by Saidul Sk, also known as Chottu or Saidul Sekh, in connection with Kolkata Leather Complex Police Station Case No. 109 of 2021. The case relates to allegations under Sections 302 (murder), 201 (causing disappearance of evidence), and 34 (common intention) of the Indian Penal Code.
The application was moved under Section 439 of the Code of Criminal Procedure and the corresponding provision of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner has been in judicial custody for approximately four years and two months.
During the hearing before the Calcutta High Court, counsel for the accused highlighted that despite the long incarceration, the trial had barely moved forward. Out of 39 witnesses listed by the prosecution, only one witness had been examined, and that too partially.
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Court’s Observations on Trial Delay
Justice Tirthankar Ghosh examined a report submitted by the Investigating Officer of the Kolkata Leather Complex Police Station. The report recorded dissatisfaction with the manner in which the public prosecutor was conducting the trial.
This concern was echoed in open court by the lawyer representing the defacto complainant. He submitted that the public prosecutor appeared disinterested in pushing the trial forward, resulting in repeated delays.
Taking note of these submissions, the Court observed that an accused person cannot be kept in custody for an indefinite period merely because the trial is not progressing. The bench remarked, in substance, that prolonged incarceration without meaningful trial advancement strikes at the fairness of the criminal justice process.
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In a strong directive, the Court asked the Legal Remembrancer and Judicial Secretary of the Government of West Bengal to immediately take steps to change the public prosecutor in the case. The Court ordered that a “responsible public prosecutor” be appointed to ensure that the trial proceeds without further delay.
“The report reflects dissatisfaction regarding the public prosecutor conducting the trial,” the bench noted, adding that the State must act promptly in the interest of justice. The Court further directed that a compliance report be submitted without delay, explaining the steps taken to replace the prosecutor.
While the bail plea itself was not decided on this date, the Court linked the issue of prolonged custody directly with the lack of progress in trial. The matter has been listed under the heading “To Be Mentioned” on 20 January 2026, on which date the State is required to place its report on record.
The Court also directed that copies of the order be communicated to the offices of the Legal Remembrancer and the Judicial Secretary to ensure immediate compliance.
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Court’s Decision
The Calcutta High Court directed the State of West Bengal to replace the existing public prosecutor in the case and submit a compliance report, while listing the bail application for further consideration on 20 January 2026.
Case Title: Saidul Sk @ Chottu @ Saidul Sekh vs State of West Bengal
Case No.: CRM (M) 2660 of 2025
Case Type: Bail Application
Decision Date: 02 January 2026
