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Calcutta High CourtCRM (SB)/268/2022dismissed as not pressed

Sanjib Andit @Bapi Pandit v. State Of West Bengal

2022-12-16Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.M. (SB) 268 of 2022 D/L1 16.12.2022 Bpg.

In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Khardah Police Station Case No.194 of 2022 dated 16.03.2022 under Section 25(1-B)(a) of the Arms Act, 1959 and 120B of the Indian Penal Code;

Sanjib Pandit @ Bapi Pandit

Versus

The State of West Bengal Mr. Sourav Chatterjee, Mr. Avik Ghatak, Mr. Soumya Nag, Mr. Sagnik Mukherjee.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld.P.P., Ms. Faria Hossain, Ms. Mamata Jana.

...for the State.

Supplementary affidavit filed by Mr. Mukherjee, learned Public Prosecutor, be kept with the record.

As earlier pointed out by the learned Public Prosecutor the bail was granted on 29.08.2022 in CRM (DB) No.2898 of 2022, an application for cancellation of bail is pending before the Hon'ble Supreme Court. The present petitioner has also entered appearance in the said application for cancellation of bail. The seizures in respect of the arms in both the cases are thickly connected. As submitted, the trial in the connection with Khardah P.S. Case No.191 of 2022 is in progress. I find that the circumstance as on date is such that the application for cancellation of bail and its outcome has a ramification on the consideration of prayer for bail of this petitioner. So far as the

application for cancellation of bail before the Hon'ble Supreme Court is concerned, the same is fixed on 17th January, 2023. Mr. Ghatak, learned advocate appearing for the petitioner does not intend to pursue the present application for bail till 17th January, 2023. He is permitted to withdraw the application for bail with a liberty to file afresh.

Accordingly, CRM (SB) 268 of 2022 is dismissed as not pressed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)