Alok Bera And ORS v. State Of West Bengal

25.08.2021 rrc CRR 1552 of 2021 In re : An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.

In the matter of : Alok Bera alias Alok Baran Bera & Ors. ..... petitioners Mr. Kamalesh Saha Mr. Subrata Mukherjee ....For the petitioners Ms. Sukanya Bhattacharyya Mr. Pratick Bose .....For the State Mr. Ayan Bhattacharjee .....For the opposite party no. 2 In this case, the charge-sheet against the petitioners has been filed under Sections 302/120B of the Indian Penal Code, 1860. The petitioners did not appear before the learned Magistrate, and in that view of the matter, the learned Magistrate issued a warrant of arrest against them on December 6, 2019. The case was, however, committed by the learned Magistrate to the Court of Session, and the same has been registered as SC Case No. 125 of 2020. The case is now pending before the learned Additional Sessions Judge, Fast Track, 1st Court, Tamluk, Purba Medinipur.

It has been submitted by the learned advocate for the petitioners that they are ready and willing to surrender before the learned Sessions Judge on any date that may be specified by this Court.

It has been submitted by Ms. Sukanya Bhattacharyya, learned advocate appearing for the State that the prayer for anticipatory bail of the petitioners has been rejected in the year 2020.

The warrant of arrest issued against the petitioners shall remain stayed for a period of eight weeks from date subject to the condition that the petitioners shall surrender before the learned Sessions Judge within the said stipulated time. If the petitioners so surrender, the learned Sessions Judge shall consider the bail prayer of the petitioners in accordance with law without being influenced by this order.

If the petitioners do not surrender within the time period stipulated as above, the warrant of arrest issued against the petitioner shall revive, and the learned Chief Judicial Magistrate, Tamluk at Purba Medinipur shall execute the same in accordance with law.

The revisional application being CRR 1552 of 2021, is disposed of.

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