Khalid Rashid v. State Of West Bengal And ANR

22.02.2024 Serial no. 74 [G.S.D] CRR 1763 of 2023 In the matter of : Khalid Rashid ... ... Petitioner Mr. Sanjib Mitra Ms. Sarbani Chakraborty ... for the petitioner Mr. Arijit Ganguly ... for the State The petitioner is directed to serve upon Mr. Arijit Ganguly, ld. Advocate, who ordinarily appears on behalf of the State. His appearance may be regularized by the concerned authority.

Ld. Advocate for the petitioner submits that the petitioner was not in India on the date of the incident and, to that extent, he has relevant endorsement on the passport itself.

It has also been submitted that while he was not in India, some individual appeared on his behalf and he was granted bail by the ld. Jurisdictional court. In view of the nature of the contentions so advanced by the petitioner, I direct that for and on behalf of the petitioner, an application may be taken out along with the passport before the ld. ACJM, Barrackpore. Ld. ACJM, Barrackpore will refer the same to the investigating officer or any officer deputed by the Inspector in charge of

Belghoria P.S., who would conduct the genuinity of the passport as also from the concerned Immigration Authority regarding the presence of the petitioner in India on the date of the incident.

Ld. ACJM, Barrackpore will thereafter conduct an enquiry as to who was present on the date so fixed when bail was granted.

The police authorities would submit a report before the ld. ACJM, Barrackpore within a period of three months from the date of communication of this order. The ld. ACJM, Barrackpore on receipt of the said report would take further steps in accordance with law. With the aforesaid observations, CRR 1763 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)