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Anindya Sundar Das vs Union Of India And Others
2022 Latest Caselaw 2490 Cal

Citation : 2022 Latest Caselaw 2490 Cal
Judgement Date : 2 May, 2022

Calcutta High Court (Appellete Side)
Anindya Sundar Das vs Union Of India And Others on 2 May, 2022
May 2, 2022
Sl. No.7-13
Court No.1
jks/s.biswas
                          WPA (P) 130 of 2022

                       The Court on its own Motion
               In re: The Brutal Incident of Bogtui Village,
                          Rampurhat, Birbhum

                                   With

                          WPA (P) 124 of 2022

                          Anindya Sundar Das
                                   vs.
                        Union of India and others

                                   With

                          WPA (P) 125 of 2022

                           Tarunjyoti Tewari
                                   vs.
                        Union of India and others

                                   With

                          WPA (P) 126 of 2022

                                Priti Kar
                                   vs.
                  The State of West Bengal and others

                                   With

                          WPA (P) 129 of 2022

                           Sayanti Sengupta
                                  vs.
                  The State of West Bengal and others

                                   With

                          WPA (P) 133 of 2022

                           Priyanka Tibrewal
                                   vs.
                        Union of India and others
                                   With

                          WPA (P) 138 of 2022
                                  and
                            CAN 1 of 2022
                      2




           Bharatiya Shanti Das and anothr
                          vs.
          The State of West Bengal and others



Mr. Samim Ahammed,
Ms. Gulsanwara Pervin, Advocates
                                     ... for the intervenor
                                  in WPA (P) 130 of 2022
Mr. Sabyasachi Chatterjee,
Ms. Debolina Sarkar,
Mr. Sayan Banerjee, Advocates
                                     ... for the intervenor

Mr. Phiroze Edulji,
Mr. Debapriya Samanta,
Ms. Avipsa Samanta,
Mr. Idratanu Das Mahapatra,
Mr. Abhijit Roy,
Mr. Subhadeep Chatterjee, Advocates
                                 ... for the petitioner
                              in WPA (P) 124 of 2022
Mr. Kumar Jyoti Tewari,
Mr. Arijit Majumdar,
Mr. Aniruddha Tewari, Advocates
                                 ... for the petitioner
                              in WPA (P) 125 of 2022
Mr. Koustav Bagchi,
Mr. Debayan Ghosh, Advocate
                                 ... for the petitioner
                              in WPA (P) 126 of 2022

Mr. Bikash Ranjan Bhattacharyya, Senior Advocate
Mr. Rabi Shankar Chattopadhyay,
Mr. Uday Shankar Chattopadhyay,
Mr. S. S. Chatterjee,
Mr. Santanu Maji, Advocates
                                      ... for the petitioner
                                   in WPA (P) 129 of 2022
Ms. Priyanka Tibrewal
                                    ... Petitioner in-person
                                   in WPA (P) 133 of 2022
Mr. S. R. Das
Mr. K. P. Mukhopadhyay,
Mr. Sayantan Rakshit, Advocates
                                      ... for the petitioners
                                   in WPA (P) 138 of 2022
Mr. Dhiraj Trivedi, ld. Asst. Solicitor General
Mr. Shailendra Kumar Mishra,
Mr. Rishav Kumar Thakur, Advocates
                               ... for the respondent/CBI

in WPA (P) 125 of 2022

Mr. Billwadal Bhattacharyya, ld. Asst. Solicitor General Mr. Debu Chowdhury, Advocate ... for the CBI in WPA (P) 126 & 129 of 2022 Ms. Amrita Pandey, Advocates ... for the Union of India Mr. S. N. Mookherjee, ld. AG Mr. Anirban Ray, ld. GP Mr. Md. T. M. Siddiqui, Mr. D. Ghosh, Mr. N. Chatterjee, Advocates ... for the State

The C.B.I. has filed the second progress report in

respect of Bogtui incident which is perused and taken on

record.

The progress report in respect of the steps taken to

investigate the offence relating to the murder of Bhadu

Sk. has also been filed today which is perused and taken

on record.

Learned counsel for the petitioner in WPA (P) 124 of

2022 referring to Section 439(2) of the Cr.P.C. has

submitted that two of the accused persons in the

incidents have been granted bail in improper manner.

Hence, This Court should take up the issue of

cancellation of bail in exercise of suo motu power and in

support of his submission he has placed reliance upon

the judgment of the Hon'ble Supreme Court in the case of

R. Rathinam vs. State reported in (2000) 2 SCC 391.

Learned counsel for the C.B.I. has also informed this

Court that the two accused persons have been granted

bail without calling for the case diary and without any

notice to the C.B.I. He has also informed that the

application for cancellation of bail filed by the C.B.I. has

also been rejected and the name of one of that accused

even figures in the dying declaration of the victim.

Learned counsel for the C.B.I. is directed to place on

record the orders passed by the concerned Court granting

the bail as also rejecting the application for cancellation

of bail along with the affidavit.

List on 10th May, 2022.

[Prakash Shrivastava, C.J.]

[Rajarshi Bharadwaj, J.]

 
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