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Calcutta High CourtCRA/278/2020allowed

Rajkumar Roy v. State Of West Bengal

2023-01-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 19.1.2023 S.D Item no.4 CRA 278 of 2020 With CRAN 1 of 2021 With CRAN 2 of 2021 Rajkumar Roy -VsState of West Bengal Mr. Milan Mukherjee, Sr. Advocate Mr. Saurav Chatterjee Mr. Manas Dasgupta Mr. Biswajit Manna Mr. Gaurav Das Mr. S. Lahiri ...For the Appellant.

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta .... For the State. The applicant is in custody for over four years. Other co-convicts are already enlarged on bail. The principal co-convict was enlarged on bail by our order dated 3rd November, 2022. The State preferred a special leave petition before the Supreme Court of India from that order (Special Leave to Appeal (Crl) No(s). 1119411195/2022(The State of West Bengal Vs. Monoranjan Roy), which was dismissed by the said court on 3rd January, 2023. In the aforesaid backdrop of the matter, we are of the view that the appellant/applicant, Rajkumar Roy is entitled to an order of suspension of sentence and grant of bail. We accordingly allow this application to the extent that the

appellant/applicant shall be released on bail upon furnishing bail bond of Rs.50,000/-(Rupees Fifty Thousand) with five sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Purba Medinipur at Tamluk and on further conditions that the appellant/applicant shall not intimidate or carry on any incriminating activity, the appellant/applicant shall meet the concerned prosecuting Authority once a fortnight, he shall not leave the limits of the city of Kolkata without informing the prosecuting authority and shall deposit his passport, if any with the prosecuting authority.

It is further directed that the appellant/applicant shall be personally present or be represented before this court when the appeal is taken up for hearing.

The applications CRAN 1 of 2021 and CRAN 2 of 2021 are also thus disposed of.

(Biswaroop Chowdhury, J.) (I.P. Mukerji, J.)