Afjal Ali Sha @ Abjal Shaukat Sha vs The State Of West Bengal And Others
2022 Latest Caselaw 5075 Cal

3rd August,
 2022
 (AK)
  02

                                 W.P.A 6315 of 2021
                                IA No: CAN 1 of 2021
                                   CAN 2 of 2021
                                   CAN 3 of 2021

                          Afjal Ali Sha @ Abjal Shaukat Sha
                                           Vs.
                         The State of West Bengal and others


                          Mr. Rajdeep Mazumder
                          Mr. Aniruddha Bhattacharyya
                                                 ...for the petitioner.

                          Mr. Pratik Dhar
                          Mr. Goutam Dey
                          Mr. Dipendu Sarkar
                                           ...for the respondent no.5.

It is submitted by learned counsel for the petitioner

that the petitioner apprehends that, taking undue

advantage of the order of stay granted by this court of the

judgment and order dated August 2, 2022, the accused

person may be released from custody in the meantime.

However, for the ends of justice, it is made clear that

the order of stay of operation of the order dated August 2,

2022 shall be co-extensive with the rider that by virtue of

the order of stay, the accused, that is, Sk. Md. Anisur

Rahaman shall not be released from custody till the stay

order operates.

It is, however, made clear that this order shall be

subject to any order passed by the Division Bench or any

other competent court of law in that regard.

It is further clarified that nothing in this order shall

unduly influence any competent court while deciding any

application for bail or otherwise, filed by the accused

person in due process of law.

(Sabyasachi Bhattacharyya, J.)