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KHAKAN RAHAMAN v. THE STATE OF WEST BENGAL

Supreme Court of India | Diary 10200/2020

Status

ROP - of Main Case

Decided On

25-08-2023

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA and HON'BLE MR. JUSTICE PANKAJ MITHAL

Petitioner

KHAKAN RAHAMAN

Respondent

THE STATE OF WEST BENGAL

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Full Judgment Text

ITEM NO.11 COURT NO.11 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) ([ONLY IA-89473/2023- APPLICATION FOR DIRECTION IS TO BE LISTED IN CRL.APPEAL NO.503/2020) WITH Crl.A. No. 503/2020 (IA No. 89473/2023 - CLARIFICATION/DIRECTION) Date : 25-08-2023 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Appellant(s) Mr. Mangaljit Mukerjee, Adv. Mrs. Priya Puri, AOR Ms. Deparpita Basu Mukherjee, Adv. Mr. Chand Qureshi, Adv. Mr. Ranjay Kumar Dubey, Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. Nipun Saxena, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Archit Adlakha, Adv. Ms. Soumya Saxena, Adv. Mr. Aditya Raj Pandey, Adv. Ms. Astha Sharma, AOR M/S. Plr Chambers And Co., AOR 1

UPON hearing the counsel the Court made the following O R D E R IA No. 89473/2023 - CLARIFICATION/DIRECTION Heard the learned counsel appearing for the applicants/appellants and the learned counsel appearing for the respondent-State and perused the averments made in the application. We relax the condition imposed by this Court vide order dated 25 th June, 2021 of the applicants not entering the district Hooghly, West Bengal. We make it clear that the condition is relaxed at the risk of the applicants. Rest of the conditions in the order are maintained. The application is accordingly disposed of. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER 2

1 ITEM NO.15 COURT NO.11 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) ([ONLY IA-89473/2023- APPLICATION FOR DIRECTION IS TO BE LISTED IN CRL.APPEAL NO.503/2020 ) WITH Crl.A. No. 503/2020 (II-B) (IA No. 89473/2023 - CLARIFICATION/DIRECTION) Date : 14-07-2023 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE SANJAY KAROL For Appellant(s) Mr. Mangaljit Mukerjee, Adv. Mrs. Priya Puri, AOR Ms. Debarpita Basu Mukerhee, Adv. Mr. Chand Qureshi, Adv. Mr. Ranjay Kumar Dubey, Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. Nipun Saxena, Adv. Mr. Himanshu Chakravarty, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Archit Adlakha, Adv. Ms. Soumya Saxena, Adv. Mr. Aditya Raj Pandey, Adv. Ms. Astha Sharma, AOR M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel appearing for the parties. Notwithstanding, we permit the appellant/applicant to enter

2 and stay in District of Hooghly, West Bengal for a period of six weeks from today. This arrangement will be subject to the condition that the appellant/applicant will report to the concerned local Police Station on every Saturday between 10.30 A.M. to 11.30 A.M.. List on 25.08.2023. In the event, the appellant/applicant misuses the liberty granted by this Court, it will be open for the respondent to point out his conduct by way of filing an affidavit. (INDU MARWAH) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.13 COURT NO.11 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) ([ONLY IA-89473/2023- APPLICATION FOR DIRECTION IS TO BE LISTED IN CRL.APPEAL NO.503/2020) WITH Crl.A. No. 503/2020 (IA No. 89473/2023 - CLARIFICATION/DIRECTION) Date : 07-07-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE SANJAY KAROL For Appellant(s) Mr. Mangaljit Mukherjee, Adv. Mrs. Priya Puri, AOR Mr. Debarpita Basu Mukherjee, Adv. Mr. Chand Qureshi, Adv. Mr. Ranjay Kumar Dubey, Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. Nipun Saxena, Adv. Mr. Srisatya Mohanty, Adv. Mr. Himanshu Chakravarty, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Archit Adlakha, Adv. Ms. Soumya Saxena, Adv. Mr. Aditya Raj Pandey, Adv. Ms. Astha Sharma, AOR M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R List on 14th July, 2023. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER

1 ITEM NO.5 COURT NO.12 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) ([ONLY IA-89473/2023- APPLICATION FOR DIRECTION IS TO BE LISTED IN CRL.APPEAL NO.503/2020 ) WITH Crl.A. No. 503/2020 (II-B) (IA No. 89473/2023 - CLARIFICATION/DIRECTION) Date : 19-05-2023 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE RAJESH BINDAL For Appellant(s) Mr. Mangaljit Mukherjee, Adv. Mrs. Debarpita Basu Mukherjee, Adv. Mr. Chand Qureshi, Adv. Mr. Ranjay Kumar Dubey, Adv. Ms. Tanvi Nigam, Adv. Mrs. Priya Puri, AOR Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. Srisatya Mohanty, Adv. Mr. Himanshu Chakravarty, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Astha Sharma, AOR M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R The learned counsel for the respondent seeks time to file Counter Affidavit. No further time shall be granted to the respondent. List on 07.07.2023. (INDU MARWAH) (AVGV RAMU) COURT MASTER (SH) COURT MASTER(NSH)

ITEM NO.8 COURT NO.17 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) ([ONLY IA-183367/2022 IN CRL. APPEAL NO. 1643/2019 TO BE LISTED] ) WITH Crl.A. No. 1643/2019 (II-B) IA No. 183367/2022 - CLARIFICATION/DIRECTION) Date : 05-04-2023 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Appellant(s) Mr. Mangaljit Mukherjee, Adv. Mrs. Debarpita Basu Mukherjee, Adv. Mr. K.r.anand, Adv. Mr. Mohit Sharma, Adv. Mr. Chand Qureshi, AOR Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. R. Basant, Sr. Adv. Ms. Astha Sharma, AOR Mr. Srisatya Mohanty, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Mantika Haryani, Adv. Mr. Shreyas Awasthi, Adv. Mr. Himanshu Chakravarty, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Kavinesh R M, Adv. Mr. Bhanu Mishra, Adv. Mr. Devvrat Singh, Adv. Ms. Muskan Surana, Adv. M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R IA No. 183367/2022 in Crl.A. No. 1643 of 2019. By filing the present interlocutory application, the

appellant/applicant has made a prayer for deleting Condition No. 3 in the order dated 25.06.2021, which reads thus: “3. The appellant/applicant shall leave District Hoogly, West Bengal within a period of two weeks from his arrival in the District and also intimate the local police station of the date of his departure and mode of transport.” Learned senior counsel appearing for the respondent/State submits that the apprehension expressed by the concerned authority is that if the petitioner enters District Hoogly, he may face some problems considering the nature of the offence. Learned counsel for the appellant/applicant states that considering the age of the applicant, he does not mind in taking a risk as regards the apprehension as expressed by the respondent/State. Accordingly, we relax Condition No. 3 of the order dated 25.06.2021 at the risk of the appellant/applicant. Interlocutory Application is, accordingly, disposed of. (AVGV RAMU) (ASHWANI KUMAR) COURT MASTER (NSH) ASTT. REGISTRAR-cum-PS

ITEM NO.13 COURT NO.17 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) ([ONLY IA-183367/2022 IN CRL. APPEAL NO. 1643/2019 TO BE LISTED]) WITH Crl.A. No. 1643/2019 (only I.A. No. 183367 of 2022 in Crl. Appeal No. 1643 of 2019 to be listed. IA No. 183367/2022 - CLARIFICATION/DIRECTION) Date : 24-03-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE RAJESH BINDAL For Appellant(s) Mr. Mangaljit Mukherjee, Adv. Mrs. Debarpita Basu Mukherjee, Adv. Mr. K.R.Anand, Adv. Mr. Mohit Yadav, Adv. Ms. Deepika Kumari, Adv. Mr. Chand Qureshi, AOR Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. R.Basant,Sr.Adv. Mr. Srisatya Mohanty,Adv. Mr. Sanjeev Kaushik,Adv. Ms. Mantika Haryani,Adv. Mr. Himanshu Chakravarty,Adv. Mr. Shreyas Awasthi,Adv. Ms. Astha Sharma, AOR M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Time of one week is granted to the respondent-State to take instructions. List on 5th April, 2023. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER

1 ITEM NO.1 Court 3 (Video Conferencing) 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (ONLY I.A.NO. 109041/2021(APPLICATION FOR DIRECTION)IN CRL.A. NO. 1643 of 2019 IS LISTED BEFORE THE HON'BLE COURT ) WITH Crl.A. No. 1643/2019 (II-B) (FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 109041/2021 IA No. 109041/2021 - APPROPRIATE ORDERS/DIRECTIONS) Date : 13-11-2021 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr. Mangaljit Mukherjee, Adv. Mrs. Debarpita Base Mukherjee, Adv. Mr. Chand Qureshi, AOR Mr. Mohit Yadav, Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. Suhaan Mukerji, Adv. Mrs. Liz Mathew, Adv. Mr. Vishal Prasad, Adv. Mr. Nikhil Parikshith, Adv. Mr. Abhishek Manchanda, Adv. M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R I.A.NO. 109041/2021 After hearing learned counsel for the parties, we do not wish to change the conditions stipulated in order dated 07.02.2020 while

2 granting bail to the applicant. That condition ought to operate during the pendency of the appeal. However, the only indulgence that we may show to the application is to expedite the hearing of the criminal appeal. List the appeals in the month of July, 2022 as expedited case. The I.A. No. 109041 of 2021 is disposed of accordingly. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.26 COURT NO.3 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (ONLY I.A.NO. 109041/2021(APPLICATION FOR DIRECTION)IN CRL.A. NO. 1643 of 2019 LISTED) WITH Crl.A. No. 1643/2019 (II-B) IA No. 109041/2021 - APPROPRIATE ORDERS/DIRECTIONS) Date : 21-10-2021 This appln. was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr. Mangaljit Mu kherjee ,Adv Mrs.Debarpita Basu Mukherjee, Adv Mr.Chand Qureshi, AOR Mr.Mohit Yadav, Adv Mr. Chand Qureshi, AOR Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. Suhaan Mukerji, Adv. Mrs. Liz Matthew, Adv. Mr. Vishal Prasad, Adv. Mr. Nikhil Parikshith, Adv. Mr. Abhishek Manchanda, Adv. M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R I.A. No. 109041/2021 List this application on 11 th November, 2021. (NEETU KHAJURIA) COURT MASTER (VIDYA NEGI) COURT MASTER

ITEM NO.8 Court 3 (Video Conferencing) 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (ONLY I.A.NO. 109041/2021(APPLICATION FOR DIRECTION)IN CRL.A. NO. 1643 of 2019 IS LIST BEFORE HON'BLE COURT ) WITH Crl.A. No. 1643/2019 (II-B) (list FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 109041/2021 IA No. 109041/2021 - APPROPRIATE ORDERS/DIRECTIONS) Date : 08-10-2021 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr.Mangaljit Mukherjee ,Adv Mrs.Debarpita Basu Mukherjee, Adv Mr.Chand Qureshi, AOR Mr.Mohit Yadav, Adv Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Mr. Suhaan Mukerji, Adv. Mr. Vishal Prasad, Adv. Mr. Nikhil Parikshith, Adv. Mr. Abhishek Manchanda, Adv. Mr. Sayandeep Pahari, Adv. M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R The applicant/appellant to file response to the status report filed by the respondent-State before the next date of hearing. List this application on 21.10.2021. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

1 ITEM NO.1 Court 12 (Video Conferencing) 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 Criminal Appeal No(s).1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (ONLY I.A.NO. 106331/2020 IN CRL.A. NO.1643 of 2019 IS LISTED ON 25.06.2021 ) WITH Crl.A. No. 1643/2019 (II-B) FOR CLARIFICATION/DIRECTION ON IA 106331/2020 Date : 25-06-2021 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mr. Mangaljit Mukherjee,Adv. Ms. Debarpita Basu Mukherjee,Adv. Mr. Chand Qureshi, AOR Mr. Rajat Baijal,Adv. Mrs. Sarla Chandra, AOR For Respondent(s) Mr. Suhaan Mukerji,Adv. Mr. Vishal Prasad,Adv. Mr. Nikhil Parikshith,Adv. Mr. Sayandeep Pahari,Adv. M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R I.A.No.106331/2020 IN CRL.A. No.1643 of 2019 The appellant/applicant has been convicted and awarded life imprisonment by the Trial Court. His appeal

2 is pending before this Court. He has already been in jail for more than 10 years when on 07.02.2020 bail was granted by this Court with the following order: “Prayer for Interim Relief/Bail in Crl.A. No.1643/2019 Heard counsel for the parties. Considering the fact that the appellant(Motiar Rahaman Dewan) is in custody for more than ten years in reference to the conviction, which is the subject matter of challenge in this appeal, and there is no adverse information about his conduct in jail, coupled with the fact that the co-accused have already been released on bail, we accede to the prayer for grant of bail. We, accordingly, direct that during the pendency of this appeal, the appellant (Motiar Rahaman Dewan) be released on bail in connection with S.T. No.11/2008/Sessions Case No.102/2008arising out F.I.R. No.140 of 2006 dated 21.12.2006,P.S. Haripal, District Hooghly, on such terms and conditions as may be determined by the trial Court,including that the appellant shall not enter District Hooghly, West Bengal without prior permission of this Court and the appellant shall also intimate his place of stay after release on bail and report to the local police station where he would ordinarily reside once in a month on First Monday of every English Calendar month.” The appellant/applicant has approached this Court because of the condition imposed by this Court that the appellant/applicant shall not enter the District Hoogly,

3 West Bengal without permission of this Court. The learned counsel for the appellant/applicant submits that appellant/applicant is 75 years of age and his wife resides in the District Hoogly which is his native place. He desires to visit his native place for such period as may be allowed by this Court. Time was granted to the respondent/State to file a reply to the instant application and the learned counsel for the respondent/State has opposed the prayer made in this application. Having heard learned counsel for the parties and considering the fact that no incident of misconduct by the appellant/applicant has been reported during the period he has been on bail for more than 16 months, we direct that the appellant/applicant shall be permitted to visit his native place in the district Hoogly, West Bengal for a period of two weeks on the following conditions: 1. The appellant/applicant, prior to leaving for his native place in the District Hoogly, West Bengal, will report the date and mode of his departure to the local Police Station where he is now residing and also give the address where he is to stay in the District Hoogly, West Bengal. 2. On reaching District Hoogly, he shall, within twenty four hours, report to the local police station and mark his attendance and also inform the local police station the place of his stay.

4 3. The appellant/applicant shall leave District Hoogly, West Bengal within a period of two weeks from his arrival in the District and also intimate the local police station of the date of his departure and mode of transport. 4. The appellant/applicant, on reaching the present place of his residence (which the appellant/applicant states is Chandigarh) shall, within 24 hours, report to the local police station. 5. He shall continue to abide by other conditions as imposed by this Court vide order dated 07.02.2020. With the aforesaid observations and directions, the interlocutory application for clarification/direction stands disposed of. (ASHWANI KUMAR) (ANAND PRAKASH) AR-cum-PS COURT MASTER

ITEM NO.1 Court 12 (Video Conferencing) 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) WITH Crl.A. No. 1643/2019 (II-B) (FOR CLARIFICATION/DIRECTION ON IA 106331/2020 IA No. 106331/2020 - CLARIFICATION/DIRECTION) Date : 22-06-2021 This application (IA No. 106331/2020) was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mr. Mangaljit Mukherjee, Adv. Ms. Debarpita Basu Mukherjee, Adv. Mr. Chand Qureshi, AOR Mr. Rajt Baijal, Adv. Mrs. Sarla Chandra, AOR For Respondent(s) Mr. Suhaan Mukerji, Adv. Ms. Liz Mathew, Adv. Mr. Vishal Prasad, Adv. Mr. Nikhil Parikshith, Adv. Mr. Sayandeep Pahari, Adv. M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R IA No. 106331/2020 in Crl.A. No. 1643/2019 Ms. Liz Mathew, learned counsel appearing for the respondent seeks two days’ time to file response to the application. Time, as prayed for, is granted. List on 25.06.2021. (JAYANT KUMAR ARORA) (NISHA TRIPATHI) COURT MASTER BRANCH OFFICER

1 ITEM NO.17 Court 5 (Video Conferencing) 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (ONLY CRL.A. NO. 503 OF 2020 MAY BE LISTED WITH PRAYER FOR BAIL ) WITH Crl.A. No. 503/2020 (II-B) (IA FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 64869/2020 IA No. 64869/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 10-09-2020 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJIV KHANNA For Appellant(s) Mrs. Priya Puri, AOR Mr. Mangaljit Mukherjee, Adv. Mr. Debarpita Basu Mukherjee, Adv. Mr. Ranjay Dubey, Adv. Ms. Yati Sharma, Adv. Mrs. Sarla Chandra, AOR For Respondent(s) Mr. Suhaan Mukerji, Adv. Mrs. Liz Matthew, Adv. Mr. Vishal Prasad, Adv. Mr. Abhishek Manchanda, Adv. M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R

2 Prayer for Interim Relief/Bail in Crl.A. No.503/2020 Heard counsel for the parties. Considering the fact that the appellants- accused Nos. 5 and 6 (Khakan Rahaman and Mantu Rahaman) are in custody for more than 11 years in reference to the conviction, which is the subject matter of challenge in this appeal, and there is no adverse information about their conduct in jail, coupled with the fact that the co-accused have already been released on bail, we accede to the prayer for grant of bail. We, accordingly, direct that during the pendency of this appeal, the appellants-accused Nos. 5 and 6 (Khakan Rahaman and Mantu Rahaman) be released on bail in connection with S.T. No.11/2008/Sessions Case No.102/2008 arising out F.I.R. No.140 of 2006 dated 21.12.2006, P.S. Haripal, District Hooghly, West Bengal on such terms and conditions as may be determined by the trial Court, including that the appellants shall

3 not enter District Hooghly, West Bengal without prior permission of this Court and the appellants shall also intimate their place of stay after release on bail and report to the local police station where they would ordinarily reside once in a month on First Monday of every English Calendar month. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.19 Court 3 (Video Conferencing) 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 SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10200/2020 (Arising out of impugned final judgment and order dated 18-01-2019 in CRA No. 391/2009 passed by the High Court At Calcutta) KHAKAN RAHAMAN & ANR. Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) ( IA No.64872/2020-CONDONATION OF DELAY IN FILING and IA No.64869/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 31-07-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mrs. Priya Puri, AOR Mr. Mangaljit Mukherjee, Adv. Mr. Debarpita Basu Mukherjee, Adv. Mr. Ranjay Dubey, Adv. Ms. Yati Sharma, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Leave granted. Tag with SLP(Crl.) Nos. 2488 and 3599 of 2019. Issue notice on the prayer for bail, returnable within four weeks. Dasti, in addition, is permitted. Liberty to serve on the Standing Counsel for the State of West Bengal is granted through email/online. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.42 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR SH. RAJIV KALRA IA 45429/2019, in Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (TO BE LISTED PRAYER FOR BAIL IN AR 1643/2019 IA No. 45429/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH Crl.A. No. 1643/2019 (II - B) (list the prayer for bail qua accused No.1 in Crl.A. No. 1643 of 2019.) Date : 20 - 02 - 2020 These matters were called on for he aring today. For Appellant(s) Mr. Samar Kumar Basu, AOR Mr. Mangaljit Mukherjee,Adv. Mrs. Sarla Chandra, AOR For Respondent(s) Mr. Vishal Anand Prasad,Adv. Mr. Amit Verma,Adv. Mr. Abhishek Manchanda,Adv. M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Crl.A. No. 1642/2019 Issue reminder for Records. Crl.A. No. 16 43/2019 Delay in compliance is condoned. NLPA be issued for reference of High Court. List again on 17.4.2020. RAJIV KALRA Registrar MG

1 ITEM NO.2 COURT NO.7 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) WITH Crl.A. No. 1643/2019 (II-B) ( Prayer for bail qua accused No.1 in Crl.A.No.1643 of 2019 Listed ) Date : 07-02-2020 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mr. Mangaljit Mukherjee, Adv. Ms. Debarpita Basu Mukherjee, Adv. Mr. Samar Kumar Basu, AOR Mrs. Sarla Chandra, AOR (NP) For Respondent(s) Mr. R. Basant, Sr. Adv. Mr. Suhaan Mukerji, Adv. Mr. Vishal Prasad, Adv. Mr. Amit Verma, Adv. Mr. Abhishek Manchanda, Adv. Ms. Kajal Dalal, Adv. For M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Prayer for Interim Relief/Bail in Crl.A. No.1643/2019 Heard counsel for the parties. Considering the fact that the appellant (Motiar Rahaman Dewan) is in custody for more than ten years in reference to the conviction, which is

2 the subject matter of challenge in this appeal, and there is no adverse information about his conduct in jail, coupled with the fact that the co-accused have already been released on bail, we accede to the prayer for grant of bail. We, accordingly, direct that during the pendency of this appeal, the appellant (Motiar Rahaman Dewan) be released on bail in connection with S.T. No.11/2008/Sessions Case No.102/2008 arising out F.I.R. No.140 of 2006 dated 21.12.2006, P.S. Haripal, District Hooghly, on such terms and conditions as may be determined by the trial Court, including that the appellant shall not enter District Hooghly, West Bengal without prior permission of this Court and the appellant shall also intimate his place of stay after release on bail and report to the local police station where he would ordinarily reside once in a month on First Monday of every English Calendar month. (NEETU KHAJURIA) COURT MASTER (VIDYA NEGI) COURT MASTER

ITEM NO.2 COURT NO.6 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (TO BE LISTED PRAYER FOR BAIL IN AR 1643/2019 IA No. 45429/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH Crl.A. No. 1643/2019 (II-B) (list the prayer for bail qua accused No.1 in Crl.A. No. 1643 of 2019.) Date : 31-01-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mr. Mangaljit Mukherjee, Adv. Mrs. Debarpita Basu Mukherjee, Adv. Mr. Samar Kumar Basu, AOR Mrs. Sarla Chandra, AOR For Respondent(s) Mr. Suhaan Mukerji, Adv. Mr. Vishal Prasad, Adv. Mr. Amit Verma, Adv. M/S. Plr Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by the learned counsel for the respondent-state seeking adjournment, list the matter next week. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.2 COURT NO.7 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (PRAYER FOR BAIL IN AR 1643/2019 LISTED) IA No. 45429/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS) WITH Crl.A. No. 1643/2019 (II-B) (prayer for bail qua accused No.1 in Crl.A. No. 1643 of 2019 is listed) Date : 09-12-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mr. Ram Ekbal Roy, Adv. Mr. Mangaljit Mukherjee, Adv. Ms. Debarpita Basu Mukherjee, Adv. Mr. Samar Kumar Basu, AOR Mrs. Sarla Chandra, AOR For Respondent(s) Mr. Suhaan Mukherji, Adv. Ms. Astha Sharma, Adv. Mr. Amit Verma, Adv. Mr. Abhishek Manchanda, Adv. Ms. Kajal Dalal, Adv. Mr. Prastut Dalvi, Adv. Mr. Naveen Kumar, Adv. For M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by Shri Samar Kumar Basu, counsel for the appellant(s) seeking adjournment on the ground of filing rejoinder affidavit, list the matter(s) after two weeks. (NEETU KHAJURIA) COURT MASTER (VIDYA NEGI) COURT MASTER

ITEM NO.2 COURT NO.7 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 Criminal Appeal No.1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (IA No. 45429/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) WITH Crl.A. No. 1643/2019 (II-B) (list the prayer for bail qua accused No.1 in Crl.A. No. 1643 of 2019.) Date : 22-11-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mr. Mangaljeet Mukherjee, Adv. Ms. Debarpita Basu Mukherjee, Adv. Mr. Samar Kumar Basu, AOR Mrs. Sarla Chandra, AOR For Respondent(s) Mr. Suhaan Mukerji, Adv. Ms. Astha Sharma, Adv. Mr. Prastut Dalvi, Adv. Mr. Amit Verma, Adv. Mr. Abhishek Manchanda, Adv. Mr. Vishnu Pazhanganat, Adv. Ms. Kajal Dalal, Adv. Mr. Naveen Kumar, Adv. For M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing for the petitioners prays for and is granted two weeks’ time to file rejoinder affidavit. List the matters after two weeks. (VISHAL ANAND) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.801 COURT NO.8 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 Criminal Appeal No(s). 1642/2019 ANIL MAJHI & ORS. Appellant(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) WITH Crl.A. No. 1643/2019 (II-B) (PRAYER FOR BAIL) Date : 14-11-2019 This appeal was mentioned today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mr. Mangaljit Mukherjee, Adv. Mr. Debarpita Basu Mukherjee, Adv. Mr. Samar Kumar Basu, AOR Mrs. Sarla Chandra, AOR For Respondent(s) Mr. Suhaan Mukerjee, Adv. Ms. Astha Sharma, Adv. Mr. Prastut Dalvi, Adv. M/S. Plr Chambers And Co., AOR UPON being mentioned, the Court made the following O R D E R By consent, list the prayer for bail qua accused No.1 in Crl. A. No. 1643 of 2019 on 22.11.2019. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.30 COURT NO.8 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). 2488/2019 (Arising out of impugned final judgment and order dated 18-01-2019 in CRA No. 391/2009 passed by the High Court At Calcutta) ANIL MAJHI & ORS. Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) IA No. 45429/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(Crl) No. 3599/2019 (II-B) IA No. 64924/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 66495/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 21-10-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mrs. Debarpita Basu Mukherjee, Adv. Mr. Mangaljit Mukherjee, Adv. Mr. Samar Kumar Basu, AOR Mr. S.K. Bhattacharya, Adv. Mr. Mangaljit Mukherjee, Adv. Mrs. Sarla Chandra, AOR For Respondent(s) Mr. R. Basant, Sr. Adv. Mr. Suhaan Mukerji, Adv. Ms. Astha Sharma, Adv. Mr. Prastut Dalvi, Adv. Mr. Amit Verma, Adv. Mr. Abhishek Manchanda, Adv. Mr. Vishnu Pazhanganat, Adv. Mr. Kajal Dalal, Adv. Mr. Naveen Kumar, Adv. M/S. Plr Chambers And Co., AOR

UPON hearing the counsel the Court made the following O R D E R SLP(Crl) No. 2488/2019 Leave granted. SLP(Crl) No. 3599/2019 Leave granted. Hearing on the prayer for bail qua accused No.1 is deferred for two weeks with liberty to the State to file affidavit. List the matter after two weeks. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.803 COURT NO.3 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 for Special Leave to Appeal (Crl.) No.2488/2019 (Arising out of impugned final judgment and order dated 18-01-2019 in CRA No. 391/2009 passed by the High Court at Calcutta) ANIL MAJHI & ORS. Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) WITH SLP(Crl) No. 3599/2019 (II-B) Date : 03-09-2019 This petition was orally mentioned today. CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mrs. Sarla Chandra, AOR Mr. Mangaljit Mukherjee, Adv. Mrs. Debarpita Basu Mukherjee, Adv. Mr. Samar Kumar Basu, AOR For Respondent(s) M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R S.L.P.(Crl.) No.3599/2019 :- Upon oral mentioning made by the learned counsel appearing for the petitioner, the Registry is directed not to delete this matter which is coming up for hearing on 21 st October, 2019. (VISHAL ANAND) (RAJ RANI NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.69 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR SURINDER S. RATHI IA 45429/2019, in Petition(s) for Special Leave to Appeal (Crl.) No(s). 2488/2019 ANIL MAJHI & ORS. Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) IA No. 45429/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(Crl) No. 3599/2019 (II-B) IA No. 64924/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 66495/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 09-07-2019 These matters were called on for hearing today. For Petitioner(s) Mr. Samar Kumar Basu, AOR Mrs. Debarpita Basu Mukherjee, Adv. Mr. B.P. Yadav, Adv Mrs. Sarla Chandra, AOR Mr. Mangal Jit Mukherjee, Adv. Mr. D. K. Mishra, Adv. For Respondent(s) M/S. Plr Chambers And Co., AOR Ms. Ashtha Sharma, Adv. Ms. Dimple Nagpal, Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks’ time is granted to the sole respondent to file Counter Affidavit in both the matters. After the expiry of four weeks, the matters be processed for listing before the Hon’ble Court, under the rules. SURINDER S. RATHI Registrar pm

ITEM NO.41 COURT NO.6 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).3599/2019 (Arising out of impugned final judgment and order dated 18-01-2019 in CRA No.391/2009 passed by the High Court at Calcutta) MOTIAR RAHAMAN DEWAN PETITIONER(S) VERSUS THE STATE OF WEST BENGAL RESPONDENT(S) (FOR ADMISSION and I.R. and IA No.64924/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 26-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr.Siddharth Luthra, Sr.Adv. Mr.Mangaljit Mukherjee, Adv. Mrs.Debarpita Basu Mukherjee, Adv. Mr.Samar Kumar Basu, AOR For Respondent(s) Mr.Anoop Kandari, Adv. Mr.Nishant R. Katneshwarkar, Adv. UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with SLP (Crl.) No.2488 of 2019. (Ashok Raj Singh) (Chander Bala) Court Master Court Master

ITEM NO.40 COURT NO.5 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). 2488/2019 (Arising out of impugned final judgment and order dated 18-01-2019 in CRA No. 391/2009 passed by the High Court At Calcutta) ANIL MAJHI & ORS. Petitioner(s) VERSUS STATE OF WEST BENGAL Respondent(s) Date : 25-03-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. S.K. Bhattacharya, Adv. Mr. Mangaljit Mukherjee, Adv. Mrs. Debarpita Basu Mukherjee, Adv. Mr. B.P. Yadav, Adv. Mrs. Sarla Chandra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Having heard learned counsel for the parties and upon perusal of record, we are inclined to enlarge the petitioners on bail in connection with FIR No.140/2006 dated 21.12.2006 registered with Police Station Haripal, Dist. Hooghly for the offences in question to the terms and conditions as may be stipulated by the Sessions Court. (ASHA SUNDRIYAL) (CHANDER BALA) COURT MASTER COURT MASTER

ITEM NO.13 COURT NO.12 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 IA 36230/2019, in SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 6369/2019 ANIL MAJHI Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (FOR ADMISSION and I.R. and IA No.36230/2019-EXEMPTION FROM SURRENDERING ) Date : 08-03-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH [IN CHAMBER] For Petitioner(s) Mr. M. Mukherjee, Adv. Mrs. Debarpita Basu Mukherjee, Adv. Mr. B.P.Yadav, Adv. Mrs. Sarla Chandra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from surrendering is allowed. (NEELAM GULATI) (SUNIL KUMAR RAJVANSHI) COURT MASTER (SH) BRANCH OFFICER

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