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2008 Supreme(Cal) 1009

ARUNABHA BASU
Shashi Tulsiyan – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates appeared:
For the Petitioner: Sekhar Basu, Milon Mukherjee, Tirthankar Ghosh, Saryati Dutta & Mangaljit Mukherjee.
For the CBI: Ranjan Kr. Roy.

JUDGMENT

1. The application under section 439 of the Code of Criminal Procedure is filed by the petitioners herein, praying for an order of bail in connection with R.C. Case No. 21 of 2008 tinder sections 7 and 12 of the Prevention of Corruption Act, 1988 read with section 120B of the Indian Penal Code.

2. Mr. Sekhar Basu, learned Senior Advocate appearing for the petitioners drew attention to the documents annexed along with the application and submitted that initially after rejection of the application for anticipatory bail filed by the petitioners, petitioners herein appeared voluntarily before the learned Court below and the learned Court below by order dated 4.10.2008 granted interim bail to the petitioners which remained operative till 4.11.2008.

3. Learned Court according to order dated 4.10.2008 took into consideration that on and from 5.10.2008, the Court will remain closed due to the Puja vacation and re-open only on 27.10.2008 and recorded that in view of the peculiar situation and without touching the merit of the case, the learned Court below granted interim bail to the petitioners.

4. In the aforesaid order the learned Court reserved the right to send the petitioners from

















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