Anikul Haque v. The State Of West Bengal

C.R.R. No.199 of 2021 With CRAN 1 of 2021 (Via Video Conference) D/L13 December 10, 2021 Bpg.

In Re: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973.

Aniqul Haque

Versus

The State of West Bengal Mr. Mrityunjoy Chatterjee, Mr. Koushik Dey, Mr. S. Basu Roy.

...for the petitioner.

Mr. Arijit Ganguly, Md. Kutubuddin.

...for the State.

The subject-matter of challenge relates to an order dated April 30, 2018 passed by the learned Additional District and Sessions Judge, Gangarampur at Buniadpur in connection with Criminal Revision No.07 of 2018. By the said order, the learned Sessions Judge was pleased to set aside the interim bail granted by the learned ACJM, Gangarampur. Order was passed more that 21⁄2 years ago. Till date the petitioner has not been either taken into custody or is on bail.

Having regard to the peculiarity of the circumstances, I direct that if the petitioner appears before the learned ACJM, Gangarampur within a period of two weeks from date and prays for bail, the learned court would call for the case diary and thereafter decide whether he should be released on bail or not.

Needless to state, this Court has not gone into the merits of the case and the learned Magistrate would independently consider the prayer for bail only after perusal of the case diary. With the aforesaid observations, CRR 199 of 2021 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)