Judgment :- (1) On 3rd March, 2009, having heard the learned lawyer for the parties, we directed the Registrar (Judicial Service) to submit a report as to whether Additional District and Sessions Judge, 7th Court, Alipore, is lying vacant or not. (2) It is reported that the said Court has been lying vacant since 8th April, 2008. Admittedly, in this case evidence is complete, only the matter is to be argued. The petitioner is in custody for about more than eight years. The speedy trial of any accused is a fundamental right, is the settled law now. Therefore, the aforesaid fact reveals that the petitioner even without trial has undergone eight years of imprisonment and there is no prospect of this matter being heard out within a very short time. While weighing balance between fundamental right and the accused person being brought to book with due process of law ; we think during all this time since 8th April, 2008 the petitioners detention in custody has been and will be for nothing rather it will be at least partial denial of his fundamental right. The charges are serious. The petitioner is facing trial during custody. (3) It is submitted on behalf of the State that in another case which is an equal footing bearing No. C.R.M 2214 of 2009, this Court has rejected the prayer for bail. We have seen the order of that matter dated 24th February, 2009. On that date we were given to understand that as if the Court was functioning. (4) Today we got the report through our Registry that the Court is lying vacant as quoted above. We are of the view having heard the learned lawyer, had the aforesaid report been produced earlier, we do not know what we would have done in that matter. Therefore, the objection raised by the State with regard to the granting of bail on any condition is not convincing. How we can not reconcile ourselves with the aforesaid sorry state of affairs when a person is in custody without any trial so to say from April, 2008. Therefore, the objection raised by the State with regard to the granting of bail on any condition is not convincing. How we can not reconcile ourselves with the aforesaid sorry state of affairs when a person is in custody without any trial so to say from April, 2008. (5) Under such circumstances, we pass the following orders : We grant the petitioner interim bail with two sureties of equivalent amount one of whom must be local to the satisfaction of learned Chief Judicial Magistrate, Alipore and upon whom no penalty under Section 446 of Code of Criminal Procedure has been imposed within last one year and this petitioner shall remain within Sonarpur area and shall not leave that area without permission of the learned Trial Judge in-charge and he shall meet Officer-in-charge of Sonarpur Police Station every alternate day, he shall also inform Officer-in-charge of Sonarpur Police Station as to his whereabouts and availabilities on the days when he is not required to meet and in addition thereto he shall deposit a cash security of Rs. 25,0007- with the learned Judge in-charge and if he does not breach any of the conditions of bail, the aforesaid amount shall be refunded forthwith at the end of trial irrespective of the result of the same. This period of interim bail will continue for a period of one week after joining of the regular Presiding Officer of that particular Court, and he will surrender before that Court and on surrender, he will be at liberty to make an application for bail afresh stating grounds and the learned Trial Judge in that case will consider the same in accordance with law afresh keeping in mind the facts and circumstances as well as the conduct of the petitioner. (6) Xerox plain copy of this order countersigned by Assistant Registrar (Court) be given to the parties.