Chhatradhar Mahato @ Mahata v. The National Investigation Agency

02.12.2022

IN THE HIGH COURT AT CALCUTTA

Item No.51 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4104 of 2022 Chhatradhar Mahato @ Mahata versus The National Investigation Agency In Re: An Application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure.

Mr. Milon Mukherjee, Sr. Adv., Mr. Debasish Roy, Mr. Avik Ghatak, Mr. Soham De Dhara ... For the Petitioner.

Mr. Bhaskar Prasad Banerjee, Mr. Parashar Baidya ... For the N.I.A.

The learned Judge, Special Court, Calcutta under NIA Act by his order dated 03.03.2022 passed in connection with NIA Case No. 03 of 2020 observed that the application for bail which was filed on 24.01.2022 would be heard after framing of the charge in connection with the case.

The said observation of the learned Judge is not acceptable to this Court. Prima facie, it seems that till date, the bail application has not been heard. So almost for about ten months, the application is kept pending. Although it has been submitted by Mr. Banerjee, learned advocate appearing for the NIA that an interim application for bail was allowed on special purposes by the learned court in seisin of the matter. Be that as it may, the learned Judge under the NIA Act who would be in seisin of the present case being NIA Case No.

03 of 2020 would dispose of the bail application dated 24.01.2022 by 23.12.2022.

With the aforesaid observations, the revisional application being CRR 4104 of 2022 is disposed of. All pending connected applications, if any, are 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 with all requisite formalities.

(Tirthankar Ghosh, J.)