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2010 Supreme(Cal) 920

J.N.PATEL, BHASKAR BHATTACHARYA, PINAKI CHANDRA GHOSE, KALYAN JYOTI SENGUPTA, ASHIM KUMAR ROY
Sudip Sen – Appellant
Versus
The State of West Bengal – Respondent


Advocates Appeared:
For the petitioners:Asish Kr. Sanyal, S. Nayek, Saibal Mondal, Rudradipto Nandy, B. Manna, S. Dasgupta, Raja Saha, R. Bhattacharjee Roy, Advocates.
For the State:Asimesh Goswami, Achyut Basu, Kallol Mondal, Advocates.

Judgment :

J.N. Patel, C.J

1. We have heard the learned counsel for the parties.

2. The Division Bench while dealing with group of applications C.R.M. No. 5123 of 2010 Sri Sudip Sen vs. The State of West Bengal with C.R.M. No. 4559 of 2010 Sri Suman Saha @ Kousik Saha vs. State of West Bengal & Ors. with C.R.M. No. 4457 of 2010 Jayanta Deb vs. The State of West Bengal, wherein the lead application is that of Sri Sudip Sen, seeking pre-arrest bail, are of the view that the decision of this Court rendered by the Full Bench in the case of Maya Rani Guin and etc. vs. State of West Bengal (2003) Cri L.J. 1, needs reconsideration and has referred the following questions for reconsideration of the Full Bench decision in Maya Rani Guin’s case (supra) and directed the matter to be placed before the Chief Justice for decision by a Larger Bench by framing the following questions:-

“(A) Even though the Full Bench decision of the Jaipur Bench of the Rajasthan High Court in Ganesh Raj v. State of Rajasthan (supra), is at best, of a persuasive value, we feel that since even after taking note of Full Bench decision of our Court in Maya Rani Guin and etc. v. State of West Bengal (supra), a contrar









































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