Rabindra Nath Mondal v. State Of West Bengal

24.04.2023

IN THE HIGH COURT AT CALCUTTA

Item No.S.L./1 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 514 of 2023 Rabindra Nath Mondal versus The State of West Bengal In Re: An Application under Section 401 read with Section 482 and Section 483 of the Code of Criminal Procedure. Ms. Sreyashee Biswas, Ms. Piya Goswami ... For the Petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... For the State.

Learned advocate appearing for the petitioner is directed to hand over a copy of this revisional application to Mr. Arijit Ganguly, learned advocate, who ordinarily appears for the State. His appointment may be regularized by the concerned authorities.

Ms. Biswas, learned advocate for the petitioner prays for stay of execution of the warrant of arrest issued by the learned Metropolitan Magistrate, 5th Court, Calcutta. Learned advocate submits that the petitioner was initially granted bail on 04.04.2003 and thereafter pursued the proceedings for a considerable period of time, but was not aware and/or was not informed regarding the appearance to be made after the charge-sheet was submitted before the Court. The order dated 03.01.2009 has been pointed out which reflects that the bond of the present petitioner was forfeited and proceedings were started against the sureties. Having considered the issue that the police authorities were unable to execute the warrant till date and the petitioner

intends to surrender before the learned Metropolitan Magistrate, 5th Court, Calcutta in connection with Hare Street Police Station Case No. 98 of 2003 dated 22.02.2003, I direct that in case, the petitioner surrenders before the learned court, the learned court would allow the petitioner to furnish bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned court.

If on bail, the petitioner shall henceforth meet the Officer-in-Charge, Hare Street Police Station once a week till further orders.

The execution of warrant of arrest be stayed till 08.05.2023.

With the aforesaid observations, the revisional application being CRR 514 of 2023 is disposed of. Pending connected 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)