Subhas Ghosh v. State Of West Bengal And ANR

30.08.2023 tkm/ct 28 C.R.M. (DB) 106 of 2023 sl no. 48 CRAN 1 of 2023 In Re : An application under section 439(2) of the Code of Criminal Procedure And In Re : Subhas Ghosh ....... petitioner Mr. Arun Naskar Ms. S DasAdhikari ...... for the petitioner Mr. B K Roy Ms. Rita Datta ...... for the State Mr. Monish Sen Ms. Oisani Mukherjee ...... for OP no 2

1. Order is recalled. Application is restored to its file and number.

2. CRAN 1 of 2023 is allowed.

3. Opposite party no. 2 was in custody for 90 days. Accordingly the magistrate enlarged him on statutory bail.

4. It is contended he should have been enlarged on bail on the 91st day.

5. The aforesaid contention falls foul of the ratio of the Hon'ble Apex Court in Enforcement Directorate, Government of India Vs. Kapil Wadhawan & Anr.1

6. Hence, we do not find any merit in the application and the same is dismissed.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) 1 2023 SCC Online SC 972