The State of West Bengal and ors. Vs. Md. Abu Taher Mollah - Court Judgment

Excerpt:
[n.ananda, j.] this crl.p filed u/s,438 cr.p.c praying to grant anticipatory bail to him and direct the respondent hassan city police not to arrest the petitioner in respect of the offences in c.r.no, 185/2010the court: this is an application for condoning the delay in preferring the appeal. having heard the learned counsel appearing on behalf of the respective parties and going through the averments made in this application, 2 we are satisfied that sufficient reasons have been furnished and adequate grounds have been mentioned in this application for condoning the delay in preferring the appeal. therefore, the delay in preferring the appeal is condoned. let the appeal be registered, if the same is otherwise in form. this application thus stands allowed. there will, however, be no order as to costs. ref. : g.a. no. 2262 of 2010 this application for stay has been filed in connection with the appeal preferred from the judgment and order dated may 7, 2008 passed by a learned judge of this court whereby and where under the said learned judge finally disposed of the writ petition on merits by directing the district inspector of schools (se), hooghly, to convert the pensioner benefit of the petitioners from the contributory provident fund to general provident fund scheme. the aforesaid issue is now pending for final adjudication before the honble supreme court in relation to slp (c) no.15644/2008 . in view of the pendency of the aforesaid issue before the honble supreme court, we are of the opinion that the impugned judgment and order passed by the learned single judge should be stayed till the issue is finally 3 decided by the honble supreme court. therefore, let there be an order in terms of prayer (a) of this application until further orders. all parties concerned are to act on a xeroxed signed copy of this order on the usual undertaking.

Judgment:
THE COURT: This is an application for condoning the delay in preferring the appeal. Having heard the learned Counsel appearing on behalf of the respective parties and going through the averments made in this application, 2 we are satisfied that sufficient reasons have been furnished and adequate grounds have been mentioned in this application for condoning the delay in preferring the appeal.

Therefore, the delay in preferring the appeal is condoned. Let the appeal be registered, if the same is otherwise in form. This application thus stands allowed. There will, however, be no order as to costs. Ref. : G.A. No. 2262 of 2010 This application for stay has been filed in connection with the appeal preferred from the judgment and order dated May 7, 2008 passed by a learned Judge of this Court whereby and where under the said learned Judge finally disposed of the writ petition on merits by directing the District Inspector of Schools (SE), Hooghly, to convert the pensioner benefit of the petitioners from the contributory provident fund to general provident fund scheme.

The aforesaid issue is now pending for final adjudication before the Honble Supreme Court in relation to SLP (C) No.15644/2008 . In view of the pendency of the aforesaid issue before the Honble Supreme Court, we are of the opinion that the impugned judgment and order passed by the learned Single Judge should be stayed till the issue is finally 3 decided by the Honble Supreme Court.

Therefore, let there be an order in terms of prayer (a) of this application until further orders. All parties concerned are to act on a Xeroxed signed copy of this order on the usual undertaking.