Sankar Mandal And Others v. State Of West Bengal And ANR

16.06.2023 Item No.65 Ct.No.34 Sayandeep C.R.R. 545 of 2023 WITH CRAN 1 OF 2023 Sankar Mandal & Ors.

versus The State of West Bengal & Anr.

Mr. Soupal Chatterjee Mr. Anupam Das Ms. Sucheta Banerjee ... For the Petitioners.

Md Anwar Hossain Ms. Sreyashee Biswas ......for the State In Re: CRAN 1 OF 2023 Learned advocate appearing for the petitioner prays for condonation of delay of 582 days in preferring this revisional application.

The reasons so assigned in the application for condonation of delay are found to be just and sufficient. Accordingly, delay is condoned. The application being CRAN 01 of 2023 is, thus, allowed.

In Re: CRR 545 OF 2023 The petitioner is directed to serve a copy of the revisional application upon Md. Anwar Hossain, who ordinarily appears on behalf of the State. His appointment should be regularized by the concerned authority. Learned advocate appearing for the petitioner submits that a relation of the petitioner expired on 7th March, 2020 as such on the date fixed before the learned ACJM, Chanchal, Malda, eight of the petitioners could

not appear before the learned Court and subsequently warrant of arrest was issued against them. The petitioners were earlier on bail accordingly the petitioners are directed to surrender before the learned ACJM, Chanchal, Malda by 30th June, 2023 in case the learned ACJM finds that all the petitioners were on bail prior to 07.03.2020 they would be allowed to continue on the same bail and bond, but subject to stringent condition which the learned ACJM deems think and proper so that their further appearance before the Court is ensured. Learned counsel appearing for the petitioner do not wish to press the application of one Tuli Mondal (petitioner No.

5) who expired during the pendency of the present revisional application.

All the accused persons would be available before the Court on or before 7th July, 2023 when the case would be committed to the Court of sessions. In case there is violation of the aforesaid conditions, learned ACJM, Chanchal will not deter from again canceling the bail of the said persons after 7th July, 2023. The warrants of arrest so pending for execution against the accused persons be kept in abeyance till 7th July, 2023. If there is any deviation by the accused persons on 8th July, 2023, the learned ACJM will revive the orders issuing of warrant of arrest and thereafter within a month from the said date issue proclamation and subsequently attachment of the property in respect of the accused persons who would be absconding.

With the aforesaid observations, CRR 545 of 2023 is 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.)