Ohab Hossain Alias Vickey And ANR v. The National Investigation Agency And ANR

CRA (DB) 323 of 2023 6.10.2023 SL. 1 Court No.29 Suvayan In re: An appeal under Section 21 of the NIA Act. And In the matter of: Ohab Hossain @ Vickey & Anr. ....appellants.

Mr. Anand Keshari Ms. Sutapa Ghosh (Bose) ...for the appellants.

Mr. Bhaskar Prosad Banerjee Mr. D. Tandon ...for the NIA.

1.

Heard learned Counsel for both the parties.

2.

Admittedly the proclamation under Section 82 Cr.P.C. has already been issued prior to filing of the present petition for anticipatory bail and consequent appeal.

3.

In view of such fact, the present petition for anticipatory bail is not maintainable in view of judicial dictums. However, if the appellants appear before the competent Court within 15 days from the date of reopening of the Court after ensuing Puja Vacation giving one week advance notice to the Counsel for the NIA attached to the said Court, the application so filed for bail shall be considered on merit in accordance with law and shall be disposed of on the same day and ground of parity, if canvassed shall be taken into consideration by the learned competent Court.

4.

Accordingly, the appeal being CRA (DB) 323 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)