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Abul Hossain Mondal vs The State Of West Bengal on 21 October, 2022

Bench: Ajay Rastogi, C.T. Ravikumar

                                                       1

     ITEM NO.28                                COURT NO.7                 SECTION II-B

                                    S U P R E M E C O U R T O F       I N D I A
                                            RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                     No(s).    3400/2022

     (Arising out of impugned final judgment and order dated 28-07-2021
     in CRM No. 2398/2021 passed by the High Court At Calcutta)

     ABUL                 HOSSAIN   MONDAL                                 Petitioner(s)

                                                      VERSUS

     THE STATE OF WEST BENGAL                                              Respondent(s)

     (IA No. 100031/2022 - EXEMPTION FROM FILING AFFIDAVIT
     IA No. 53531/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
     ANNEXURES)

     Date : 21-10-2022 This matter was called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE AJAY RASTOGI
                             HON'BLE MR. JUSTICE C.T. RAVIKUMAR

     For Petitioner(s)                  Mr. M. K. Tripathi, Adv.
                                        Mohd. Akbar Khan, Adv.
                                        Ms. Hemalata Rao, Adv.
                                        Mr. Hiren Dasan, AOR

     For Respondent(s)                  Ms.   Astha Sharma, Adv.
                                        Mr.   Ravinder Singh, Adv.
                                        Ms.   Raveesha Gupta, Adv.
                                        Ms.   Mantika Haryani, Adv.
                                        Mr.   Sanjeev Kaushik, Adv.
                                        Mr.   Shreyas Awasthi, Adv.
                                        Ms.   Deeksha Agrawal, Adv.

                                        Mr. Desam Sudhakarareddy, Adv.
                                        M/S. Plr Chambers And Co., AOR

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

The present petition has been filed seeking post-arrest bail pending trial.

Police Station – Swarupnagar, Sub-Division – Basirhat, District Digitally signed by NIRMALA NEGI Date: 2022.10.21 18:52:12 IST Reason: Noth 24 Parganas, West Bengal, implicating him as the sole accused for the offence under Section 21(c) of the NDPS Act and he was taken into custody on 24.06.2020.

After the chargesheet and the supplementary chargesheet came to be filed, the trial has commenced. It is informed to this Court that there are 8 prosecution witnesses in the calender of witnesses, but because one witness has died, there are seven witnesses to be examined by the prosecution, out of which only two have been examined by this time.

Counter affidavit has been filed by the respondent and there are no other criminal antecedents of the petitioner of being involved in such like nature of crime, although only one case has been registered against him by his estranged wife under Section 498 A IPC.

After we have heard the learned counsel appearing for the parties and taking into consideration the period of incarceration and so also the other materials on record, in our view, the petitioner has made out a case for grant of post-arrest bail pending trial.

Ordered accordingly.

The petitioner shall be produced before the concerned trial court within a period of three days and be released on bail on such terms and conditions to the satisfaction of the trial court.

Let the trial be concluded as expeditiously as possible. The Special Leave Petition is, accordingly, disposed of. Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA)                                                    (MATHEW ABRAHAM)
ASTT. REGISTRAR-cum-PS                                                    COURT MASTER