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Tapan Das vs Union Of India on 7 October, 2021

Bench: Chief Justice, Surya Kant, Hima Kohli

                                                      1

     ITEM NO.13                     Court 1 (Video Conferencing)             SECTION II­B

                                   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.5617/2021

     (Arising out of impugned final judgment and order dated 28­01­2020
     in CRM No. 1035/2020 passed by the High Court at Calcutta)

     TAPAN DAS                                                            Petitioner(s)

                                                     VERSUS

     UNION OF INDIA                                                       Respondent(s)

     (Service of notice is complete)

     (IA No. 92470/2021 ­ EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT)

     Date : 07­10­2021 This matter was 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. Subhasish Bhowmick, AOR
                                       Ms. Manisha Pandey, Adv.
                                       Mr. Harsh Gupta, Adv.
     For Respondent(s)
                                       Mr.   S.V. Raju, ASG
                                       Ms.   Sairica Raju, Adv.
                                       Mr.   Annam Venkatesh, Adv.
                                       Ms.   Aakansha Kaul, Adv.
                                       Mr.   B. V. Balaram Das, AOR

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

The Court is convened through Video Conferencing.

Exemption is allowed.

Heard learned counsel appearing for the petitioner, learned Additional Solicitor General appearing for the Union of India and carefully perused the material available on record.

Notice was issued in this matter on 19­8­2021.

Taking into consideration the fact that the petitioner is reported to be in custody since 16­10­2017 and has, thus, suffered incarceration for around 4 years and there is no likelihood of completion of trial in the near future, which facts are not controverted by learned Additional Solicitor General appearing for the Union of India during the course of hearing, we are inclined to grant bail to him.

The petitioner is, therefore, directed to be released on bail, subject to such terms & conditions which the concerned Trial Court shall deem fit and appropriate to impose upon him. With the above observations, the Special Leave Petition stands disposed of.

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