Habibur Rahaman v. State Of West Bengal And ANR

18.02.2025 rc/ct.no.34 Item No.21 CRR No. 720 of 2025 In the matter of : Habibur Rahaman .......Petitioner Mr. Sabir Ahmed Mr. Swagata Biswas Mr. Shraman Sarkar Mr. T. Ahmed Mr. Dhiman Banerjee Mr. Ezaz Ahmed ...for the Petitioner The petitioner has assailed the orders dated July 02, 2024 and September 20, 2024 directing issuance of warrant of arrest and warrant of proclamation and attachment respectively. It appears that the petitioner was on bail and warrant of arrest was issued against him since he failed to appear before the learned trial Court on July 02, 2024. On September 20, 2024, the learned trial Court directed issuance of warrant of proclamation and attachment simultaneously without granting any reason therefor despite the fact that non-execution report of the warrant of arrest was not submitted by the Investigating Officer.

The petitioner undertakes to surrender before the learned trial Court within 10 days from date. If the petitioner surrenders before the learned trial Court within 10 days from date and prays for bail, the learned trial Court shall deal with the application in accordance with law. In the event the petitioner fails 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 petitioner in accordance with law, without further reference to this Court.

The warrant of arrest issued vide order dated July 02, 2024 and warrant of proclamation and attachment issued vide an order dated September 20, 2024 be stayed till March 04, 2025. CRR No. 720 of 2025 is disposed of accordingly. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)