Bikash Mondal And Others v. State Of West Bengal And ANR

27-03-2025 Ct. No.34 b.das CRR No. 470 of 2025 In the matter of :

Bikash Mondal & Ors.

..... petitioners.

Mr. Asfak Ahammed (VC) Ms. Shanta Sarkar ...for the petitioners.

Supplementary affidavit filed by the petitioners is taken on record.

The petitioners are aggrieved by the order dated 30th August, 2024 passed by the learned Judge, Special Courtcum-Additional Sessions Judge, Chanchal, Malda in Special Case No.69/2019 directing issuance of warrant of arrest against them.

It appears that the petitioners were on bail and on 30th August, 2024, filed an application under Section 317 of the Code of Criminal Procedure. The prayer was turned down and warrant of arrest issued against them. Learned counsel has taken this Court to a certificate issued by the Panchayat Pradhan, Belaimari Gram Panchayat on 6th January, 2025 which demonstrates that the residential units of the petitioners were completely inundated due to flood during the period 1st August, 2024 to 30th October, 2024.

Learned counsel submits that the petitioners are still residing in a makeshift accommodation and they have

not been able to reconstruct their houses due to financial crunch.

The petitioners undertake to surrender before the learned Trial Court within a fortnight from date. If the petitioners surrender before the learned Trial Court within a fortnight from date, they shall be allowed to remain on the same bond.

In the event the petitioners fail to surrender before the learned Trial Court within the stipulated time frame, the learned Trial Court shall be at liberty to take necessary steps against the petitioners in accordance with law without further reference to this Court.

The warrant of arrest issued against the petitioners vide order passed on 30th August, in Special Case No.69 of 2919 pending before the learned Judge, Special Court-cum-Additional Sessions Judge, Chanchal, Malda be stayed till 16th April, 2025. The revisional application being CRR 470 of 2025 is disposed of.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

( Suvra Ghosh, J. )