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Calcutta High CourtCRR/1580/2024disposed

Lalu Santra @ Meghnath Santra v. State Of West Bengal

2024-05-06Hon'Ble Justice Tirthankar Ghosh3 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 06-05-2024 Subha Item no. 10 Ct no.34 CRR 1580 of 2024 Lalu Santra @ Meghnath Santra -versus- The State of West Bengal.

Mr. Abhra Mukherjee Mr. Sauradeep Dutta ....for the petitioner.

Mr. P. K. Dutta, ld. APP Mr. Saibal Krishna Dasgupta ....for the State.

Memorandum of evidence so submitted by the learned advocate for the State be kept with the record.

On 05-02-2024 seven accused persons out of eight were present but only the present petitioner was absent and as such the learned court was pleased to issue warrant of arrest against the petitioner. Mr. Mukherjee, learned advocate for the petitioner submits that on health reasons the petitioner could not appear and as such the learned court issued warrant of arrest against the petitioner. Having considered the submissions advanced by the learned advocate for the petitioner, I direct that in the case the petitioner appears and surrenders before the learned Additional Chief Judicial Magistrate, Serampore, Hooghly by 22nd May, 2024 he shall be allowed to continue on the same bail and bond and the warrant of arrest be recalled. However, I direct that the date which has been fixed by the learned court being 01-022025 be preponed and a date be fixed in the month of August, 2024 wherein the concerned Officer of Jangipara PS will inform the date to all

the eight accused persons and ensure their availability on the date so fixed in the month of August, 2024.

If any accused is absent on the date so fixed in the month of August, 2024, the learned trial court would firstly modify the condition of bail and grant 15 days time and thereafter cancel the bail of the accused persons and exhaust harsher process of law.

So far as the present revisional application is concerned and the present petitioner is concerned, if the petitioner do not appear or surrender by 22nd May, 2024, the learned Magistrate on the next working day would be at liberty to exhaust harsher process of law by adhering to section 82 of the Code of Criminal Procedure.

With the aforesaid observations, the revisional application being CRR 1580 of 2024 is disposed of.

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]