Biltan Biswas v. Dhiresh Kanjilal And Another

May 9, 2024 Sl. No. 62 Court No.34 s.biswas CRR 1567 of 2024 With CRAN 1 of 2024 In re: An application under Section 401 read with 482 of the Criminal Procedure Code, 1973 Biltan Biswas Vs.

Dhiresh Kanjilal and another Mr. Jayanta Kumar Pain ... for the petitioner Mr. Debasis Roy, PP Mr. Arijit Ganguly Ms. Sreemoyi Roy ... for the State It has been submitted on behalf of the petitioner that the petitioner was on bail, but subsequently could not appear and as such warrant of arrest was issued. By the passage of time, proclamation and attachment were also issued. The report submitted on behalf of the State be kept with the report. The State submits that in spite of sincere efforts, the petitioner could not be arrested and his appearance secured before the learned trial court in connection with Bagdah Police Station Case No.63 of 2012.

As the proclamation and attachment have not been executed, the same is stayed till 25th May, 2024. The warrant of arrest which is pending, would be recalled by the learned Magistrate in case the petitioner appears within 25th May, 2024. However, a fresh bond be furnished by the petitioner by way of a local surety on the date he appears and prays for bail before the learned Additional Chief Judicial Magistrate, Bongaon. However, if the learned Magistrate finds that on or before 25th May, 2024, the petitioner has not

appeared, then in that case on the next working date it would be the duty of the learned court to ensure regarding the proclamation order being effected and thereafter the attachment be carried out in respect of the properties of the petitoner.

With the aforesaid observation, the revisional application being CRR 1567 of 2024 and the connected application being CRAN 1 of 2024 are disposed of.

All parties are to act on the basis of the server copy of the order.

(Tirthankar Ghosh, J.)