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2024 Supreme(SC) 745

ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Rup Bahadur Magar @ Sanki @ Rabin – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Rajeev Lochan, Rohit Joshi, Gaurav Sharma, Manish Verma, Nitiprya Kar, Rajesh Kumar Sharma, Ravi Kumar Tomar.
For the Respondents: Ravi Chandra Prakash, Purushottam Sharma Tripathi.

ORDER :

1. Applications for exemption from filing a certified copy of the impugned judgment are allowed.

2. Delay condoned.

3. In the case of High Court Bar Association, Allahabad vs. State of U.P. and Others, (2024) 6 SCC 267 a Constitution Bench of this Court has taken a view that as a matter of rule, the Constitutional Courts should not fix a time-bound schedule for conduct of cases before the Trial and other Courts and the said approach can be adopted only in very exceptional cases. Notwithstanding the pronouncement of law by the Constitution Bench of this Court, we have noticed that several High Courts while rejecting the bail applications, are fixing time-bound schedule for the conduct of trials. It cannot be that the bail is denied on the ground that the trial will be disposed of in a time-bound schedule.

4. Issue notice returnable on 4th October, 2024.

5. Liberty is granted to serve the standing counsel for the respondent-State, in addition.

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