Alakesh Chatterjee v. State Of West Bengal

C.R.R.462 of 2023 D/L72 10.02.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Alakesh Chatterjee

Versus

The State of West Bengal Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick.

...for the petitioner.

Ms. Baisali Basu.

...for the State.

Petitioner apprehends that he may be taken into custody in connection with G.R. Case No.809 of 2017 arising out of Mahishadal Police Station Case No.179 of 2017 dated 06.06.2017. The petitioner was granted bail which is reflected in the order dated 10.10.2017. However, he was not available before the court pursuant to the submission of charge-sheet.

Petitioner is directed to hand over a copy of the revisional application upon Ms. Baisali Basu, learned advocate, who ordinarily appears on behalf of the State. Her appearance may be regularised by the concerned authorities.

Having considered the fact that the petitioner was granted bail and it is only after the charge-sheet which has been submitted warrant of arrest has been issued pursuant to the petitioner being not available before the court, the proclamation and attachment was also issued.

Learned advocate appearing for the petitioner undertakes that the petitioner henceforth would be available before the court on

each and every date so fixed and will cooperate with the progress of the trial.

Considering the same, I direct that in case the petitioner appears before the learned ACJM, Haldia on or before 3rd March, 2023, he may be allowed to continue with the same bail and bond which was earlier furnished on 10.10.2017. The execution of warrant of arrest and proclamation and attachment so issued be stayed till 3rd March, 2023.

Petitioner during this period would meet with the Officerin-Charge, Mahishadal Police Station once in a week. After appearance of the petitioner before the jurisdictional court, the said condition would be automatically deemed to be waived. With the aforesaid observations, CRR 462 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. Learned ACJM, Haldia, is directed to act on the server copy of this order duly downloaded from the official website of this Court.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)