Deb Kamal Das And ORS. v. State Of West Bengal And ANR

Sl.No.

29.4.2024 WPA 9954 of 2024 84-85 Court No. 34 G.S.Das Smriti Rani Pal Das & Anr.

-VsState of West Bengal & Ors.

With CRR 1340 of 2024 Deb Kamal Das & Ors.

-vs State of West Bengal & Ors.

Mr. Rajdeep mazumder Mr. Moyukh Mukherjee Ms. Aishwarya Bazaz Ms. Sagnika Banerjee ... for the petitioners Mr. Debasish Roy Mr. Arijit Ganguly Ms. Sreemoyi Roy ... for the State in CRR 1340 of 2024 Let writ petition and criminal revision be de-tagged.

In Re: WPA 9954 of 2024 Notice be served upon respective parties informing that the writ petition would appear on 10th of May, 2024 under the heading 'Assigned Matters'.

Affidavit of service be filed on the next date so fixed.

In Re: CRR 1340 of 2024 Mr. Majumder, ld. Advocate for the petitioners, has challenged proclamation and attachment, which has been issued by ld.

CJM, Purba Medinipur in connection with Tamluk P.S.

Cae No. 146 of 2024.

I find that the petitioner no.3 filed Anticipatory Bail on 14th of March, 2024 before the ld. Sessions Court and the petitioner no.2 filed Anticipatory Bail before the Sessions Court on 16th of March, 2024.

Having considered that anticipatory bail application was preferred before the ld. Ld. Sessions Judge on 14th of March, 2024 and 16th of March, 2024, which came up for hearing subsequently and the proclamation and the order relating to warrant of proclamation was issued by the ld. CJM, Purba Medinipur on 16th of March, 2024 and the same resulted in anticipatory bail, becoming automatically infructuous.

Considering the aforesaid, I am of

the view that since the anticipatory bail touches the liberty of a person, the petitioners are entitled to have a hearing in respect of the anticipatory bail application and the same should not be deterred on the ground which are beyond their control.

Accordingly, warrant of proclamation so issued on 16.3.2024 is stayed till 31st of May, 2024. The petitioner should exhaust their remedies within the aforesaid period. However, this will not deter the investigating authority to execute the warrant of arrest which has been issued in connection with the instant case.

However, if the petitioners are unable to appear before the ld. CJM, Purba Medinipur in connection with Tamluk P.S.

Case No. 146 of 2024 on and before 1st June, 2024, the ld. CJM, Purba Medinipur will revive the order of proclamation so issued.

With the aforesaid observations, CRR 1340 of 2024 is disposed of.

Pending application, if any, is also

disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)