Abdul Kalam @ Abul Kalam Azad v. State Of West Bengal

C.R.R.1259 of 2023 D/L64 14.06.2023 Bpg.

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

Abdul Kalam @ Abul Kalam Azad

Versus

State of West Bengal Mr. Kazi Mokhlasur Rahman.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Sandip Chakraborty.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Sandip Chakraborty, learned advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authorities.

Learned advocate appearing for the petitioner undertakes that the petitioner will abide by in future and adhere to the dates fixed by the learned Chief Judicial Magistrate, Malda in connection with the instant case and inadvertently he has not been properly advised, as such warrant of arrest has been issued in connection with the instant case by the learned Chief Judicial Magistrate, Malda.

The case is under Section 304 of the Indian Penal Code. Having considered the undertaking given by the learned advocate appearing for the petitioner, I direct that in case the petitioner appears/surrenders on or before 30th June, 2023 before the learned CJM, Malda and if he is already on bail, he may be

allowed to continue on the same bail and bond. However, the learned Magistrate will direct fresh stringent conditions to ensure his appearance regularly before the court. In case the petitioner do not appear by 30th June, 2023, the learned CJM, Malda will proceed to the next harsher process of law on 1st July, 2023. With the aforesaid observations, CRR 1259 of 2023 is disposed of.

Pending 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.)