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Calcutta High CourtCRR/236/2023disposed

Juli Bibi And ORS v. State Of West Bengal

2023-02-03Hon'Ble Justice Tirthankar Ghosh2 pages

03.02.2023 S/L No.175 KS C.R.R. 236 of 2023 Juli Bibi & Ors.

-Vs.- The State of West Bengal Mr. S. Purokayastha Mr. S. Sanyal Ms. J. Bhattacharya .....For the Petitioners Mr. A. Ganguly Ms. D. Sahu .....For the State Learned advocate appearing for the petitioner is anxious in respect of the fact that warrant of arrest has been issued against the petitioners. Learned advocate submits that the petitioners were regularly appearing in Court, however, due to miscommunication they were not available on the said date being 16.01.2023.

Learned advocate for the State has submitted a report and the same be kept with the record.

As the petitioners apprehend that they may be taken into custody as warrant of arrest has been issued by the learned Special Court on 16.01.2023.

I direct that an opportunity should be granted to the petitioners. The learned Special Court would recall the warrant of arrest in case the petitioners appear on 09.02.2023, i.e. the next date fixed by the learned Special Court. Learned Special Court is also directed to allow the petitioners to continue on the same bail and bond if they appear on 09.02.2023. It is directed that in case on any date fixed subsequently the

petitioners are not physically present when the matter is called, learned Trial Court if it feels would in his usual fairness exercise his discretion for compelling the appearance of the accused persons. With the aforesaid observations, C.R.R. 236 of 2023 is disposed of. Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)