1 ITEM NO.1746 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). 41504/2022
MANISH GUPTA Petitioner(s)
VERSUS
THE STATE OF WEST BENGAL Respondent(s)
(IA No.201748/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.201752/2022-EXEMPTION FROM SURRENDERING WITHIN TIME and IA No.201754/2022-PERMISSION TO PLACE ON RECORD SUBSEQUENT FACTS)
Date : 02-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.B. PARDIWALA
[IN CHAMBER]
For Petitioner(s)
Mr. D.n. Ray, Adv.
Mr. Dillip Kumar Nayak, Adv.
Ms. Disha Ray, Adv.
Mrs. Sumita Ray, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
This is an application at the instance of a convict seeking exemption from surrendering. The convict was tried for the offence punishable under the provisions of the POCSO Act. At the time of commission of offense, the victim was seventeen and a half years of age and the convict was nineteen years of age. Prima facie, it appears that they were neighbours. One fine day, they eloped. That is how the prosecution was instituted against the convict. Pending appeal before the High Court, the convict was on bail. In such circumstances, he is exempted from surrendering
2 IA No. 201752 of 2022 is allowed.
The petition shall be notified for hearing after a period of two weeks from today.
(KRITIKA TIWARI) (RENU BALA GAMBHIR)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)