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Supreme Court - Daily Orders

Subrata Biswas @ Pradip vs The State Of West Bengal on 3 August, 2023

Author: M.M. Sundresh

Bench: M.M. Sundresh

                                          IN THE SUPREME COURT OF INDIA
                                         CRIMINAL APPELLATE JURISDICTION


                                     CRIMINAL APPEAL NO.________OF 2023
                           (@ SPECIAL LEAVE PETITION (CRIMINAL) No.5623 of 2023)


                      SUBRATA BISWAS @ PRADIP                                   Appellant

                                                      versus


                      THE STATE OF WEST BENGAL                                 Respondent


                                                    O R D E R

1. Leave granted.

2. It is submitted by learned counsel for the appellant that the case is at the trial stage, which fact is not disputed by the learned counsel for the State. Taking into consideration the period of incarceration undergone, we are inclined to set aside the order of the High Court and release the appellant on bail, subject to the conditions as may be imposed by the trial Court.

2. The appellant be produced before the Trial Court for admitting him to bail.

3. The appeal is disposed of in the above terms along with pending application(s), if any.

………………………………………………………..J [M.M. SUNDRESH] Signature Not Verified ………………………………………………………..J Digitally signed by NIRMALA NEGI Date: 2023.08.03 [J.B. PARDIWALA] 14:59:47 IST Reason: NEW DELHI 3rd August, 2023 1 ITEM NO.3 COURT NO.14 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). 5623/2023 (Arising out of impugned final judgment and order dated 23-02-2023 in CRM (NDPS) No. 337/2023 passed by the High Court At Calcutta) SUBRATA BISWAS @ PRADIP Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (IA No.90526/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 03-08-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Jay Prakash Somani, Adv.

Mr. Nishant Verma, AOR Mr. Rajnish Kumar, Adv.

Mrs. Shobha Somani, Adv.

Ms. Mamta Rani, Adv.

Mr. Manoj Kumar Chowdhary, Adv. Ms. Shisba Chawla, Adv.

For Respondent(s) Mr. Gautam Kumar Barua, Adv.

Ms. Nandini Sen Mukherjee, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

Taking into consideration the period of incarceration undergone, the order of the High Court is set aside and the appellant is released on bail, subject to the conditions as may be imposed by the trial Court.

2 The appellant be produced before the Trial Court for admitting him to bail.

The appeal is disposed of in the above terms along with pending application(s), if any. (KAVITA PAHUJA) (RAM SUBHAG SINGH) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file] 3