Bijoy Biswas And ANR. v. State Of West Bengal And ANR.

17.06.2022

IN THE HIGH COURT AT CALCUTTA

Item No.43 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1777 of 2022 Bijoy Biswas & Anr.

versus The State of West Bengal & Anr.

In Re: An Application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.

Mr. Susnigdho Bhattacharyya ... For the Petitioners.

Md. Anwar Hossain, Ms. Debjani Sahu ... For the State.

Learned advocate for the petitioners is directed to serve a copy of this revisional application upon Mr. Anwar Hossain, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

It has been submitted on behalf of the petitioners that the petitioner no.1 being a mason fell from height and sustained fracture on both of his legs. So far as the petitioner no.2 is concerned, he happens to be the father of the petitioner no.1 who is involved in his treatment. Records reflect that on earlier occasions, the petitioners appeared before the court and lastly on 06.04.2022, the petitioners could not appear and as such, warrant of arrest was issued against them. The petitioners apprehend that they may be taken into custody in case, they appear before the court.

Learned advocate appearing for the petitioners undertakes that the petitioners would surrender before the jurisdictional court and cooperate in progress of the trial of the case. Accordingly, if the petitioners appear before the jurisdictional court on or before 15.07.2022, they may be allowed to continue on the same bail and bond as was earlier furnished before the Court. The petitioners would make themselves physically available on each and every date fixed by the court.

In case, the petitioners do not surrender by 15.07.2022, learned court would be at liberty to exhaust harsher process of law on 16.07.2022.

With the aforesaid observations, the revisional application being CRR 1777 of 2022 is disposed of. Interim order, if any, is hereby vacated.

All pending connected applications, if any, are 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 with all requisite formalities.

(Tirthankar Ghosh, J.)