Tapas Mallick @ Aktar Mallick & ORS v. State Of West Bengal

13.07.2021 Item no.27 Court No.30 Avijit Mitra C.R.M. 12456 of 2019 (through video conference) with CRAN 1 of 2021 In Re:- An application for extension of time to surrender;

And In Re : Raku Sekh @ Sk Rabu .... Applicant.

Mr. Uday Shankar Chatterjee, Mr. Santanu Maji ...for the applicant/petitioner no.7.

Mr. Madhusudan Sur, Mr. Manoranjan Mahata ...for the State The present application being CRAN 1 of 2021 has been preferred by the applicant, who is the petitioner no.7 in the bail application, inter alia praying for modification of the order dated 3rd January, 2020 passed in CRM No.12456 of 2019.

Mr. Chatterjee, learned advocate appearing for the applicant submits that in terms of the order dated 3rd January, 2020, the applicant could not surrender within the time specified since he was absconding in connection with Bhatar Police Station Case No.416 of 2019 dated 28th September, 2019 under Sections 21(c)/29 of the N.D.P.S. Act. Only after obtaining anticipatory bail in the said Bhatar Police Station Case No.416 of 2019 on 16th December, 2020, the applicant could file the present application in the month of January, 2021.

Mr. Sur, learned advocate appearing for the State opposes the applicant's prayer and submits that the present application has been filed about a year after the petitioners obtained anticipatory bail in CRM No.12456 of 2019.

The explanation given by the applicant towards his inability to surrender before the learned court below within the time as specified in the order dated 3rd January, 2020, is not acceptable to us.

Accordingly, the application, being CRAN 1 of 2021, is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)