1 ITEM NO.41 COURT NO.9 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). 12684/2022
(Arising out of impugned final judgment and order dated 11-11-2022 in CRM(DB) No. 3387/2022 passed by the High Court At Calcutta)
MAHENDRA KUMAR JAIN Petitioner(s)
VERSUS
THE STATE OF WEST BENGAL & ANR. Respondent(s)
(IA No.200843/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.200847/2022-PERMISSION TO FILE LENGTHY LIST OF
DATES )
Date : 02-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE B.R. GAVAI
HON’BLE MR. JUSTICE VIKRAM NATH
For Petitioner(s)
Mr. Kalyan Bandopadhyay, Sr. Adv.
Mr. Zoheb Hossain, AOR
Mr. Soumopriyo Choudhary, Adv.
Ms. Adeeba Mujahid, Adv.
Mr. Sanjeev Menon, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Mr. Kalyan Bandopadhyay, learned senior counsel appearing for the petitioner states that the High Court while granting the bail is unnecessarily made observations on the merits of the matter, which is prejudice to the trial.
The observations made by the High Court had to be considered 2 only for the consideration of grant of bail. We clarify that none of the observations made by the High Court will be taken into consideration by the learned Trial Judge at the stage of the trial.
The special leave petition is disposed of accordingly.
Pending application, if any, stand(s) disposed of.
(DEEPAK SINGH) (ANJU KAPOOR)
COURT MASTER (SH) COURT MASTER (NSH)