Nasim Jahangir @ Nadim Jahangi @ Joni Sk. v. State Of West Bengal And ANR.

18-04-2022 Subha Item no.32 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction C.R.R 1148 of 2022 In the matter of : Nasim Jahangir @ Nadim Jahangi @ Joni Sk. .....petitioner.

In Re : An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Amitava Karmakar Mr. Ziaul Haque ....for the petitioner.

Mr. Arijit Ganguly Ms. Sujata Das ....for the State.

Mr. Karmakar, learned advocate appearing for the petitioner submits that the case was initiated in the year 2013 under sections 363/366A/506/34 of the Indian Penal Code.

Learned advocate for the petitioner submits that although the lady and the accused petitioner before this court are leading a conjugal life yet on the basis of the old case of 2013, warrant of arrest has been issued against him and the same is still pending. Mr. Arijit Ganguly, learned advocate, who ordinarily appears on behalf of the State is directed to appear in this matter to represent the State. His appointment may be regularized by the concerned authorities in due course.

Mr. Karmakar, learned advocate for the petitioner is directed to serve a copy of the revisional application upon him.

In view of the limited prayer advanced before this court, I direct that the warrant of arrest so issued be stayed till 7th May, 2022. In the meantime, the learned advocate for the petitioner undertakes that the petitioner would surrender by 5th May, 2022. In case, the learned jurisdictional court finds that the accused and the victim lady referred to in the FIR has been married and they have a child, learned court would take the same into consideration while disposing of the application for bail in accordance with law.

In case the petitioner do not appear/surrender by 7th May, 2022 the learned court would be at liberty to exhaust harsher process of law on the said date.

With the aforesaid observations, the present revisional application being CRR 1148 of 2022 is disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]