Nurul Islam And ORS v. The State Of West Bengal

05.04.2022 SB Ct. No.39 CRR 1094 of 2022 In the matter of : Sk. Nurul Islam & Ors.

Sk. Toslim Ali ... for the petitioners.

Mr. Imran Ali Md. Kutub uddin ... for the State This is an application challenging the issuance of warrant of arrest against the petitioner in a case where a charge sheet was submitted under Sections 447. 427, 323, 354B, 506 read with Section 34 of the Code.

Let a copy of the revisional application be served upon Mr. Imran Ali and Md. Kutubuddin, learned counsels, who ordinarily appear on behalf of the State. They are requested to appear in this matter. Their engagement may be regularised by the competent authority of the State in due course.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the accused in this case. After being granted bail, they regularly attended the learned Trial Court. On 22.12.2021 the learned Trial Court issued a warrant of arrest against them as they were absent without taking steps. Due to some miscommunication, they were unable to take steps on that date. They want to join the proceeding at the earliest. Learned counsel appearing on behalf of the State submits that the petitioners should surrender before the learned Trial Court.

I have heard the submissions of the learned counsels for the petitioners and the State and have perused the revision petition.

It appears that the petitioners were attending Court regularly. On a few occasions they could not take steps. That is why warrant of arrest had to be issued. They want to join the proceeding at the earliest.

In view of the above the warrant of arrest issued against the petitioners shall remain stayed for a period of four weeks from this date. The petitioners are directed to surrender before the learned Trial Court within such period. In the event the petitioners surrender within time and file an application for bail, their application for bail shall be considered in accordance with law. With these observations, the revisional application is disposed of.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)