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Supreme Court - Daily Orders

Central Bureau Of Investigation vs Dayamoy Mahato on 15 September, 2023

Bench: Hrishikesh Roy, Sanjay Karol

                                                          1


     ITEM NO.34                                  COURT NO.9                     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

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s).27175/2023

     (Arising out of impugned final judgment and order dated 09-11-2022
     in CRM No. 9431/2019 09-11-2022 in CRM No. 407/2021 passed by the
     High Court At Calcutta)

     CENTRAL BUREAU OF INVESTIGATION                                              Petitioner(s)

                                                         VERSUS

     DAYAMOY MAHATO ETC.                                                          Respondent(s)

     (FOR ADMISSION and I.R. and IA No.162917/2023-CONDONATION OF DELAY
     IN FILING and IA No.162919/2023-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT )

     Date : 15-09-2023 This petition was called on for hearing today.

     CORAM :
                                   HON'BLE MR. JUSTICE HRISHIKESH ROY
                                   HON'BLE MR. JUSTICE SANJAY KAROL


     For Petitioner(s)                  Mr. K M Nataraj, A.S.G.
                                        Mr. Anukalp Jain, Adv.
                                        Mr. Shailesh Madiyal, Adv.
                                        Mr. Purnendu Bajpai, Adv.
                                        Mr. Sabarish Subramanyam, Adv.
                                        Mr. Arvind Kumar Sharma, AOR

     For Respondent(s)

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

Delay condoned.

Mr. K.M. Natraj, the learned ASG submits that this was a serious case where 148 rail passengers had died and 170 passengers Signature Not Verified sustained injuries. The High Court granted bail to the accused Digitally signed by Jayant Kumar Arora Date: 2023.09.16 13:06:05 IST Reason: primarily because of the fact that they have been in custody for long period of time. The ASG would however submit that 181 2 witnesses have already been examined by the Trial Court and the Court should have awaited for some more time for the trial to conclude.

The learned ASG would, on the legal challenge would point out that the bail benefit after completion of half the sentence would not be attracted here since the respondents are also charged under Section 16 of the Unlawful Activities (Prevention) Act, 1967. Issue notice.

 [DEEPAK JOSHI]                                [KAMLESH RAWAT]
  COURT MASTER                              ASSISTANT REGISTRAR