Afjal Hossain v. State Of West Bengal And ANR

01.07.2021 rrc CRR 1336 of 2021 In re : An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Afjal Hossain ..... petitioner Mr. Parvej Alam .....For the petitioner Mr. Suman De .....For the State Learned advocate appearing for the petitioner submits that in view of the absence of the petitioner before the Court below, the learned Chief Judicial Magistrate, Raiganj, Uttar Dinajpur issued a warrant of arrest against the petitioner on July 4, 2015. Charge-sheet has been filed against the petitioner under Sections 302/201/120B/34 of the Indian Penal Code, 1860 read with Sections 3/4/5 of the Explosive Substance Act, 1883. No exception can be taken to the order issuing the warrant in view of the prolonged absence of the petitioner and his apparent apathy in participating in the trial.

It is, however, submitted by the learned advocate for the petitioner before this Court that the petitioner is ready and willing to surrender before the learned Magistrate and in that view of the matter, this revisional application is disposed of with a direction upon the petitioner to surrender before the learned Chief Judicial Magistrate, Raiganj, Uttar Dinajpur within a period of six weeks from date. The learned Magistrate shall consider his prayer for bail without being influenced by this order.

The warrant of arrest issued by the petitioner shall remain stayed for a period of eight weeks.

If the petitioner does not appear before the learned Magistrate in terms of this order, the learned Magistrate will be at liberty to execute the warrant issued against the petitioner. The revisional application being CRR1336 of 2021 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Kausik Chanda, J.)