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MANOJ KUMAR PRASAD v. THE STATE OF WEST BENGAL

Supreme Court of India | Diary 10284/2024

Status

ROP - of Main Case

Decided On

10-05-2024

Bench

HON'BLE MS. JUSTICE BELA M. TRIVEDI and HON'BLE MR. JUSTICE PANKAJ MITHAL

Petitioner

MANOJ KUMAR PRASAD

Respondent

THE STATE OF WEST BENGAL

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2489 OF 2024 (Arising out of SLP(Criminal) No.5035 of 2024) MANOJ KUMAR PRASAD ...APPELLANT(s) VERSUS STATE OF WEST BENGAL ...RESPONDENT(S) O R D E R 1. Leave granted. 2. Heard learned counsel for the parties. 3. The appeal is directed against the order dated 05.05.2022 passed by the High Court of Calcutta in C.R.A. No.662 of 2014. 4. Having regard to the fact that the appellant has already undergone more than seventeen years and the fact that no hearing of appeal has taken place before the High Court since last two years, we are inclined to accept the present appeal. 5. In that view of the matter, the sentence imposed by the Trial Court is suspended till the hearing of the appeal by the High Court and the appellant is directed to be released on bail on the terms and conditions that may be imposed by the Trial Court. 1

6. It is further directed that the appellant shall cooperate with the High Court in the disposal of the appeal being No.662 of 2014 pending before the High Court and any breach of the conditions that may be imposed by the Trial Court for releasing him on bail, shall entail cancellation of the bail. 7. The Criminal Appeal stands allowed accordingly. 8. Pending application(s), if any, shall stand disposed of. ......................J. (BELA M. TRIVEDI) ......................J. (PANKAJ MITHAL) NEW DELHI; 10 TH MAY, 2024. 2

ITEM NO.59 COURT NO.14 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).5035/2024 (Arising out of impugned final judgment and order dated 05-05-2022 in CRA No.662/2014 passed by the High Court at Calcutta) MANOJ KUMAR PRASAD Petitioner(s) VERSUS STATE OF WEST BENGAL Respondent(s) (IA No.74381/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.74383/2024 - EXEMPTION FROM FILING O.T. AND IA No.74384/2024 - PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 10-05-2024 This matter was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Ms. Ashima Mandla, AOR Ms. Mandakini Singh, Adv. Mr. Surya Pratap Singh, Adv. For Respondent(s) Mr. Sanjeev Kaushik, Adv. Ms. Astha Sharma, AOR Mr. Bhanu Mishra, Adv. Mr. Anand Keshari, Adv. Soumya Dutta, AOR Mr. Siddhant Upamanyu, Adv. Mr. Rahul Kumar, Adv. Mr. Siddhant Upamnya, Adv. UPON hearing the counsel the Court made the following O R D E R 1. Leave granted. 2. In terms of the signed order, the Criminal Appeal is allowed. 3. Pending application(s), if any, shall stand disposed of. (RAVI ARORA) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH) (signed order is placed on the file) 3

ITEM NO.39 COURT NO.15 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).10284/2024 (Arising out of impugned final judgment and order dated 05-05-2022 in CRA No.662/2014 passed by the High Court at Calcutta) MANOJ KUMAR PRASAD Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (FOR ADMISSION and I.R. and IA No.74382/2024-CONDONATION OF DELAY IN FILING and IA No.74381/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.74383/2024-EXEMPTION FROM FILING O.T. and IA No.74384/2024-PERMISSION TO FILE LENGTHY LIST OF DATES) Date : 05-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Ms. Ashima Mandla, AOR Ms. Mandakini Singh, Adv. Mr. Surya Pratap Singh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. Delay condoned. 2. Let the notice be issued to the respondent, returnable after four weeks. 3. Additionally, liberty is also granted to serve notice upon the Standing Counsel for the State of West Bengal. (RAVI ARORA) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH)

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