ANIRUDDHA BOSE, JOYMALYA BAGCHI, RANJIT KUMAR BAG
Mallikarjuna Rao – Appellant
Versus
State of West Bengal – Respondent
Aniruddha Bose, J.
1. We are to deal with substantial questions of law on three counts in this reference, arising out of these two bail applications. Before we reproduce the substantial questions of law which we are to answer, we shall refer to the factual context in which this reference was made to us by the Hon’ble the Chief Justice. The facts have been narrated in an office note dated 22nd June 2016. These two applications were heard by a Division Bench of this Court on 20th May 2016. The Division Bench was pleased to reject these applications on that date. The final order was signed by the Hon’ble Presiding Judge on that date itself and the order was sent to the Hon’ble Companion Judge. But the order was not signed by the Hon’ble Companion Judge on the same day. That was the last date after which the summer recess of this Court commenced. On 6th June 2016, this Court reopened after the vacation, and the order was placed before the Hon’ble Companion Judge. His Lordship signed the order on that date, i.e. 6th June 2016. After signing, however, the Hon’ble Companion Judge penned through his signature. Thereafter, on 7th June 2016, a separate order allowing both the bail a
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