Subham Mohanto And Others v. State Of West Bengal And ANR

C.R.R.1809 of 2024 D/L119 01.05.2024 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure;

Subham Mohanto and others

Versus

The State of West Bengal and another Mr. Kunal Ganguly.

...for the petitioners.

Earlier the present petitioners filed an application for quashing which was dismissed with specific directions by a coordinate Bench of this Court in CRR 741 of 2021. The petitioners have again approached this Court for quashing of the proceedings. The finding of the co-ordinate Bench is that a case has been made out under Sections 376/417 of the Indian Penal Code and the trial as such is proceeding. Suppressing such facts, the same petitioners have approached this Court.

Accordingly, I impose a cost of Rs.50,000/- to be paid in equal proportion by the three petitioners. The same be deposited with the District Legal Aid Services Authority of the District of Bankura and receipt of the same be produced before the learned Additional Sessions Judge, Khatra, Bankura who is in seisin of SC 80 of 2021. In case the cost of Rs.50,000/- as directed above is not deposited within a period of 60 days, the learned trial court is directed to cancel the bail of all the petitioners/accused persons. With the aforesaid observations, CRR 1809 of 2024 is disposed of.

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

(Tirthankar Ghosh, J.)