Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) On 11th December, 2017, this Court upon perusing the impugned judgment and order made the following observations:- "Since it is apparently evident that the learned advocate for the State had virtually consented to the order passed by the learned Single Judge, we are of the view that the State may file an affidavit in order to explain the stand of the State with regard to such submission made on behalf of the learned advocate. Such affidavit may be filed within a week from date."
(3.) Consequently, an affidavit has been filed before this Court today on behalf of the State, paragraphs 4 and 5 whereof is quoted hereinbelow:- 4. That I humbly and respectfully submit that the learned Advocate Mr. Md. Yasin Ali had submitted his submission before the Hon'ble Single Judge so-moto [sic; read Suo motu] without any instruction from any respondents in the instant appeal. The appellants/petitioners have not given any consent to Mr. Md. Yasin Ali to submit such submission. 5. That I further state and submit that the appellants/petitioners have not agreed with the submission of the learned State Advocate Mr. Yasin Ali.";