Buddhadeb Mondal @ Buddhadev Mondal v. State Of West Bengal

26.07.2024 Item no. 4.

Court No.28.

AB CRM (DB) 4769 of 2023 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure 1973 And In the matter of : Buddhadeb Mondal @ Buddhadev Mondal ......Petitioner.

Mr. Prabir Kr. Mitra, Ms. Subhanwita Ghosh ......for the Petitioner.

Mr. Arun Kr. Maity (Mohanty) Mr. Bhaskar Prosad Banerjee, Mr. D. Tandon ......for the NIA.

Mr. Soumya Nag ....for the Defacto complainant.

Dictated by Arijit Banerjee, J.

1.

Read order dated July 4, 2024.

2.

Mr. Maity, learned Counsel representing NIA, says that the present bail petition has, in effect, become infructuous since NIA has taken over investigation of the matter. The relevant records have been transferred to NIA. The order of the learned Single Judge directing NIA to take over investigation has been upheld by the Division Bench.

3.

In that view of the matter, we are of the opinion that the petitioner's prayer for bail should be considered and decided by the Special Court.

4.

Accordingly, let all the relevant records of this bail petition be transmitted forthwith to the Special Court. Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 26 th of July 2024 05:50:35 PM

5.

We extend the interim order of bail till the end of August, 2024, requesting the Special Court to decide the bail application within that period treating this bail application as a bail application before the Special Court. The Special Court shall decide the bail application on its merits after affording opportunity of hearing to all concerned parties.

6.

The interim order that we have passed will be subject to the final order passed by the Special Court.

7.

CRM (DB) 4769 of 2023 stands disposed of insofar as this Court is concerned.

8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)