Calcutta High Court (Appellete Side)
In Re : Sankar Prasad Ghosh vs State Of Karnataka & Ors. In Criminal ... on 4 January, 2019
1 04.01.19
Sl. No.80 akd C. R. A. 442 of 2018 In Re : An application for admission of appeal under Section 378(3) read with Section 372 of the Code of Criminal Procedure filed on 21.08.2018 :
A N D In Re : Sankar Prasad Ghosh ... Appellant Mr. Suman Basu .. Advocate ... ... for the appellant Perused the office report.
In view of the law declared by the Apex Court in Mallikarjun Kodagali (Dead) represented through Legal Representatives vs. State of Karnataka & Ors. in Criminal Appeal Nos. 1281-82 of 2018, we are of the opinion that the application seeking leave to file appeal is unnecessary. Hence, the objection is ignored.
The appeal is admitted.
Call for the records.
Issue usual notices.
Within a fortnight from receipt of notice, opposite party nos. 2 to 5 herein shall appear before the trial court and upon their appearance they shall be released on bail to the satisfaction of the trial court till the disposal of the appeal failing which the trial court shall issue bailable warrants against the opposite party nos.2 to 5 to ensure their attendance in accordance with law.
Paper books be prepared within four weeks from the date of receipt of the lower court records.2
Liberty to mention.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)