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The Supreme Court on Wednesday declined to list for urgent hearing a plea filed by the West Bengal Police challenging the interim bail granted by the Calcutta High Court to Congress candidate Milan Pradhan, who is contesting the Nandigram Assembly by-election.

The matter was mentioned before the bench headed by Chief Justice of India Surya Kant, with the State seeking listing of the challenge on Thursday itself (Friday is a holiday on account of Gandhi Jayanti). Solicitor General of India Tushar Mehta, appearing for the State, submitted that it was a case where interim bail was granted in a murder case, and the matter would become infructuous if it was not heard before the election, which is scheduled to be held on Monday.

The Chief Justice, however, declined the request for an urgent listing and said that the matter could be listed on Monday.

When the Solicitor General pressed for listing on Thursday, pointing out that the election would take place on Monday, the CJI remarked:

“We can assure we will dismiss it, but will dismiss on Monday.”

The Court accordingly refused to list the matter tomorrow and indicated that it could be taken up on Monday.

The Calcutta High Court on September 29 granted three weeks' interim bail to Congress candidate Milan Pradhan, who is contesting the Nandigram Assembly by-election, allowing him to remain out of custody till October 21. Justice Tirthankar Ghosh passed the order on Pradhan's plea seeking interim bail to enable him to contest and campaign in the October 6 by-election.  

Pradhan had been arrested in connection with criminal cases arising from the 2007 Nandigram agitation after he had filed his nomination papers. The High Court noted that he was not in custody when he filed his nomination and that the State had not produced material showing that he was wanted in connection with any offence after 2007. The Court also noted that the cases relied upon by the State had been investigated by the CBI and that the police had considerable time to execute the warrants in cases dating back nearly 19 years.

The State had opposed interim bail, submitting that the cases involved allegations including murder and that coercive processes had been issued against Pradhan. It also raised apprehensions about the possibility of him influencing witnesses. Pradhan's counsel, however, argued that he was arrested after announcing his candidature and that the State had not placed material demonstrating his role in the alleged offences. The High Court ultimately held that Pradhan should be given an opportunity to contest the election and granted him interim bail till October 21

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