Samiruddin Sk v. State Of West Bengal

C.R.R.491 of 2023 D/L74 10.02.2023 Bpg.

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

Samiruddin Sk

Versus

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

...for the petitioner.

Mr. Madhusudan Sur, Mr. Manoranjan Mahata.

...for the State.

Petitioner is directed to hand over a copy of the revisional application upon Mr. Madhusudan Sur, learned advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authorities.

Petitioner apprehends that he may be taken into custody in case he appears before the learned trial court as warrant of arrest has been issued against him.

Record reflects that the petitioner was earlier granted bail by the learned sessions court on 10th November, 2021 in connection with Misc. Case No.3782 of 2021.

Having considered the fact that the petitioner was earlier released on bail and subsequently during the course of the proceeding, warrant of arrest was issued on 26th July, 2022, I am of the opinion that another opportunity must be given to the present petitioner.

Accordingly, if the petitioner appears before the learned

CJM, Malda by 28th February, 2023, he may be allowed to continue on the same bail and bond subject to any such condition as the learned CJM, Malda deems fit and proper.

The Executing Officer is directed not to execute the warrant of arrest so far as the present petitioner is concerned till 28th February, 2023.

The petitioner should appear before the Officer-inCharge/Inspector-in-Charge of English Bazar Police Station once in a week till he appears before the learned CJM, Malda. Once he appears before the learned CJM, Malda, the said condition would be automatically waived.

With the aforesaid observations, CRR 491 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.)