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Calcutta High CourtCRM (A)/2606/2024dismissed as not pressed

Jhumur Das And ANR. v. The State Of West Bengal And ANR.

2024-08-21Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

21.08.2024 SL No.39 Court No.29 (gc) CRM (A) 2606 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. And In the matter of : Jhumur Das & Anr.

- Petitioners.

Mr. Shibaji Kumar Das ....For the Petitioners.

Ms. Anasuya Sinha, Ld. A.P.P., Mr. Kanchan Ray ... For the State.

Mr. Jayanta Narayan Chatterjee, Mr. Mukul Biswas ....For the De facto Complainant.

1. This matter was adjourned in order to ascertain the present status of the petitioners.

2. It is submitted on behalf of the State that the petitioners have surrendered and enlarged on bail.

3. The learned Counsel for the State and the de facto complainant submit that suppressing the pendency of this application, the said order has been obtained from the learned Trial Court without the case diary.

4. We agree with the submission made on behalf of the State and the de facto complainant that the petitioners ought to have mentioned the pendency of the bail application before the learned Trial Court and it seems that they were pursuing two parallel proceedings for the self-same relief. We deprecate this practice.

5. In view of the fact that the petitioners have already been enlarged on bail and are not willing to press this application, the

application for anticipatory bail, accordingly, stands dismissed as not pressed.

6. The report filed by the State is kept with the record.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)