← Library
Calcutta High CourtCRR/1701/2026disposed

Tohid Sk @ Tohidul Sk @ Tahidul Sekh v. State Of West Bengal

2026-04-28Hon'Ble Justice Kausik Chanda2 pages

28.04.2026 Item no.14 Ct. No.237 AKG C.R.R. 1701 of 2026 Tohid Sk @ Tohidul Sk @ Tahidul Sekh Vs.

The State of West Bengal Mr. Sekhar Kumar Basu, Mr. Jannat Ul Firdous, Mr. Rajsekhar Hota, Ms. Pramita Banerjee ......for the Petitioner Mr. Debasish Roy, Mr. Suman De, Mr. S. Kundu ...for the State The petitioner has challenged the order dated 28 October 2025 passed by the learned Additional Chief Judicial Magistrate, Kandi, Murshidabad, whereby a warrant of arrest was issued against the petitioner for failure to appear before the learned Magistrate on the said date.

Learned counsel appearing for the petitioner submits that this was an isolated instance of non-appearance, occasioned by a communication gap between the petitioner and his learned advocate. Learned counsel appearing for the State opposes the petitioner's prayer.

Having regard to the facts stated above, there shall be a stay of the warrant issued against the petitioner for a period of one month from the date hereof.

The petitioner is permitted to surrender before the learned Magistrate within fifteen (15) days from the date hereof. If he surrenders, the learned Magistrate shall consider the petitioner's bail application on its own merits, without being influenced by this order.

It is made clear that in the event the petitioner fails to surrender before the learned Magistrate within the aforesaid period, the order dated 28 October 2025 passed by the learned Magistrate shall revive immediately upon the expiry of fifteen days from the date hereof.

Accordingly, CRR 1701 of 2026 stands disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)