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JOYMALYA BAGCHI
Shafique Ahmed – Appellant
Versus
State of West Bengal – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Satadru Lahiri, Advocate.
For the Respondent No. 2:Mr. Debasish Roy and Mr. Avik Ghatak, Advocates.
For the State:Mr. Manjit Singh, Ld. P.P., Mr. Pawan Kumar Gupta and Mr. Amartya Ghosh, Advocates.

JUDGMENT

Joymalya Bagchi, J.:—Petitioner has challenged the order dated 11th June, 2014 discharging one Manjar Hossain @ Anu (opposite party no.3) and one Kaushik Sen (opposite party no.4) from the instant case. Prayer has also been made to add Sanjay Surekha (opposite party no.2) as an accused person in the instant case and not to accept his statement under section 161 Cr.P.C. as gospel truth and cite him as prosecution witness. There is a delay of 422 days in challenging the order dated 11th June, 2014. In the application seeking condonation of delay, it has been pleaded that the petitioner was in jail in connection with another case till 3.12.2014 and during such incarceration his father died in November, 2014. The twin events had a traumatic impact on his life and accordingly, he was unable to pay attention to the court proceedings immediately upon being released on bail. Being the only responsible member of the family who is capable of managing its affairs, the petitioner had to make immediate arrangements regarding his family after the demise of his father and also had to take care of his widowed mother and sick sister. Only after making such arrangements in

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