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Calcutta High CourtCRM (A)/5001/2023dismissed as rejected

Anupam Sardar v. State Of West Bengal

2024-01-08Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

14.08.2024 Court No.29 Item No. 21 sg CRM (A) 5001 of 2023 CRAN 1 of 2024 Anupam Sardar

Versus

The State of West Bengal Mr. Anjan Bhattacharya For the Petitioner Mr. Swapan Banerjee Mr. Suman De For the State 1.

This is an application for recalling and/or modification of the order dated 8th January, 2024.

2.

An application for anticipatory bail was filed overlooking that the offences with which the petitioner was charged are bailable. In view of the overlooking such facts, a coordinate Bench has dismissed the application with cost.

3.

In view of the fact that the junior member of bar who moved the application had made a bonafide mistake and considering the financial difficulties of the petitioner who belongs to a schedule tribe community and may be unduly burden with financial liability, we modify the order by waiving the cost to be paid by the petitioners to the West Bengal State Legal Services Authority, Kolkata. Moreover, the petitioner is not responsible for such mistake on the part of the lawyer representing the petitioner and accordingly we feel that the petitioner shall not saddle with the cost.

4. In view of aforesaid, CRAN 1 of 2024 is disposed of.

(Soumen Sen, J.) (Uday Kumar, J.)