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Calcutta High CourtCRR/492/2024disposed

Subhankar Sarkar And ORS. v. State Of West Bengal

2024-02-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.02.2024 item No.75 Rakib (PA) ct. no. 34 CRR 492 of 2024 Subhankar Sarkar & Ors.

Vs The State of West Bengal.

In Re: An Application under Sections 482 and 401 of the Code of Criminal Procedure, 1973;

Mr. Akashdeep Mukherjee, Ms. Rini Bhadra.

.... For the Petitioners.

Mr. Debasish Roy, Ld. P.P., Ms. Rituparna De Ghosh.

.

.... For the State.

Petitioners namely, Subhankar Sarkar, Shampa Biswas and Atal Das were granted regular bail by the learned ACJM, Barrackpore on 9th October, 2020, pursuant to the order of anticipatory bail being granted by the learned Sessions Judge, Barrackpore.

The grievance of the petitioners are that without issuing bailable warrant at the first instance, non-bailable warrant of arrest was issued and two of the accused persons who were produced were taken into custody.

Learned Advocate appearing for the petitioners undertakes that the petitioners henceforth would appear before the Court on the next date so fixed until and unless there are reasons for not appearing which are beyond their control.

In view of the petitioners having earlier being granted bail, I direct that if the petitioners appear before the learned Additional

District and Sessions Judge, 1st Court, Barrackpore in connection with Sessions Case no. 96 of 2023 arising out of Belgharia Police Station case no. 284 of 2020 they would be allowed to continue on the same bail and bonds subject to other conditions which the learned trial Court would be at liberty to impose for ensuring their presence on the dates so fixed for trial and proceed with the trial of the case.

With the aforesaid observations CRR 492 of 2024 is disposed of.

Report so submitted by the learned Advocate appearing for the State be kept with the record.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)