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Calcutta High CourtCRM/8068/2020rejected

Samir Mondal v. State Of West Bengal And ORS.

2020-10-20Hon'Ble Justice Soumen Sen,Hon'Ble Justice Aniruddha Roy3 pages

20/10/2020 Item No. 45 D/L S. De (3) Through Video Conference CRM 8068 of 2020 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sadar Excise Malda Case No. S.I's S.L. No.60/2015-16 dated 16.03.2016 under Sections 18(c)/8(b) of the N.D.P.S. Act.

Samir Mondal.

Vs The State of West Bengal Mr. Arup Kr. Bhowmick ...for the Petitioner.

Mr. Prasun Kr. Datta Mr. Sanjoy Bardhan ...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The learned counsel for the petitioner at the outset has submitted that a co-ordinate bench in CRM 4256 of 2019 rejected the application of the petitioner for anticipatory bail on 25.06.2019 which is not known to the learned advocate. In view of the conduct of the

petitioner and having regard to the fact that the petitioner deliberately did not disclose the said dismissal order and suppress the said fact and there has been no change in circumstances since the last order of rejection, this application for anticipatory bail is rejected with cost assessed as Rs. 10,000/- (Rupees Ten Thousand Only) to be paid to the State Legal Services Authority within four weeks from date. This Court shall not entertain any petition with regard to the petitioner unless the cost is deposited by the petitioner with the SALSA. This order shall also be communicated to the Member Secretary, SALSA for information.

The department shall communicate this order to the Member Secretary, SALSA.

Order dated 25.06.2019 (CRM 4256 of 2019 be kept with the record.

(Aniruddha Roy, J.) (Soumen Sen, J.)