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Vidyut Kumar Sarkar @ Ashok Das vs The State Of Bihar on 13 September, 2021

Bench: Chief Justice, Surya Kant, Hima Kohli

                                                      1

     ITEM NO.21                    Court 1 (Video Conferencing)             SECTION II­A

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

                         Petition for Special Leave to Appeal (Crl.)     No.4423/2020

     (Arising out of impugned final judgment and order dated 18­06­2020
     in CRLM No. 73325/2019 passed by the High Court of Judicature at
     Patna)

     VIDYUT KUMAR SARKAR @ ASHOK DAS                                     Petitioner(s)

                                                     VERSUS
     THE STATE OF BIHAR & ORS.                                           Respondent(s)

     (IA No. 92944/2020 ­ EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT)

     Date : 13­09­2021 These matters were called on for hearing today.

     CORAM :
                             HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR. JUSTICE SURYA KANT
                             HON'BLE MS. JUSTICE HIMA KOHLI

     For Petitioner(s)
                                       Mr. Deepak Nargolkar, Sr. Adv.
                                       Ms. Prerna Singh, Adv.
                                       Mr. Shikhar Srivastava, AOR
     For Respondent(s)
                                        Mr. Devashish Bharuka, AOR

                                       Mr.   S.V. Raju, ASG
                                       Ms.   Sairica Raju, Adv.
                                       Mr.   Zoheb Husaain, Adv.
                                       Mr.   Kanu Agrawal, Adv.
                                       Mr.   Prashant Bhagwati, Adv.
                                       Mr.   M.K. Maroria, Adv.
                                       Mr.   B. V. Balaram Das, AOR

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

Signature Not Verified Digitally signed by Vishal Anand The Court is convened through Video Conferencing.

Heard learned Senior counsel appearing for the petitioner, learned Additional Solicitor General appearing for Respondent Nos.2 and 3 & carefully perused the material available on record.

Learned Senior counsel appearing for the petitioner prays for bail on the ground that the petitioner is in jail since 3­3­2017 and has thus suffered incarceration for more than 4 years and 6 months.

On the other hand, learned Additional Solicitor General appearing for Respondent Nos. 2 and 3 vehemently opposed the bail application of the petitioner.

Taking into consideration the fact that the petitioner is reported to be in jail since 3.3.2017 & has thus suffered incarceration for more than 4 years & 6 months as on date, which fact was not disputed by learned Additional Solicitor General appearing for Respondent Nos. 2 and 3 & further the fact that there is no likelihood of trial to be completed in the near future, we are inclined to enlarge the petitioner on bail.

The petitioner is, accordingly, directed to be released on bail, subject to such terms & conditions which the concerned trial Court shall deem fit & appropriate to impose upon him.

We make it clear that we have not expressed anything about legal position particularly with reference to Section 45 of the Prevention of Money Laundering Act.

The Special Leave Petition & the pending application stand disposed of in the afore­stated terms.

  (VISHAL ANAND)                                                       (R.S. NARAYANAN)
ASTT. REGISTRAR­cum­PS                                                COURT MASTER (NSH)