SUDHANGSHU SEKHAR BERA Vs. STATE

JUDGEMENT

(1.) Accrual of a statutory right and scuttling of a vested right forms the subject-matter for disposal in this application under section 439 of the Code of Criminal Procedure (for short, the said Code) which otherwise could have been disposed of with a single "Yes" or a single "No".

(2.) But, however, the basic question which has cropped up arrests the attention of the Court and has to be dealt with in its particular perspective. On an assessment of the submission made on behalf of the petitioners and the learned Public Prosecutor and perusing the case diary we are not inclined to accede to the prayer under section 439 of the said Code made on behalf of the petitioners.

(3.) However, Shri Ganguly for the petitioners has submitted that as already the petitioners are in custody for the last 96 days they are otherwise entitled to statutory bail. This has been very seriously opposed by the learned Public Prosecutor, who has raised a question of some interests and as we have stated earlier the same having arrested our attention we proceed to elaborate on the same although in the particular fact situation of the instant case.