Soumya Kanti Das v. State Of West Bengal
C.R.R.963 of 2024 D/L59 02.04.2024 Bpg.
In Re: An application under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973;
Soumya Kanti Das
Versus
The State of West Bengal Mr. Subir Ganguly Mr. Sumanta Ganguly.
...for the petitioner.
Mr. Arijit Ganguly Ms. Rita Datta.
...for the State.
Learned advocate appearing for the petitioner submits that due to miscommunication he could not appear before the court and, as such, warrant of arrest was issued by the learned Judicial Magistrate, 3rd Court, Chinsurah, Hooghly in connection with Chinsurah Police Station Case No.519 of 2017 dated 13.11.2017. Mr. Subir Ganguly, learned advocate appearing for the petitioner undertakes that the petitioner would henceforth abide by the conditions imposed and cooperate with the learned trial court in the progress of the case.
Having considered the same, I direct that in case the petitioner appears and/or surrenders before the learned trial court by 22nd April, 2024 and from the records if it is found that the petitioner was earlier on bail, he may be allowed to continue on the same bail and bond. The learned Magistrate would be at liberty to impose any other conditions as he deems fit and proper for ensuring appearance of the present petitioner.
The warrant of arrest so issued be stayed till 22nd April, 2024.
In case the petitioner do not appear or surrender before the learned trial court on or before 22nd April, 2024, on 23rd April, 2024, learned Magistrate would be at liberty to exhaust harsher process of law by adhering to Section 82 of the Code of Criminal Procedure.
With the aforesaid observations, CRR 963 of 2024 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 of all requisite formalities.
(Tirthankar Ghosh, J.)