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Calcutta High CourtCRR/1650/2021disposed

Ashikur Rahaman @ Sk Ashik v. State Of West Bengal

2021-08-31Hon'Ble Justice Kausik Chanda2 pages

31.08.2021 Ct No. 35 D/L 98 ab C.R.R. 1650 of 2021 (Via Video Conference) Re: An application under Sections 482 of the Code of Criminal Procedure, 1973.

In re : Ashikur Rahaman @ Sk. Ashik, ... Petitioner Mr. Parvej Anam, ... for the petitioner Ms. Sukanya Bhattacharyya, Mr. Mirza Firoj Ahmed Begg, ... for the State A warrant of arrest was issued against the petitioner for his absence in connection with G.R. Case No. 514 of 2014 under Sections 399/402 of the Indian Penal Code, 1860, read with Sections 25(1)(a)/35 of the Arms Act, 1959, by the learned Chief Judicial Magistrate, Birbhum.

It has been submitted by the learned advocate appearing for the petitioner, that the petitioner is ready and willing to surrender before the learned Magistrate in the Court below on any date that may be specified by this Court. In view of the aforesaid submissions, the revisional application is disposed of with a direction upon the petitioner to surrender before the learned Chief Judicial Magistrate, Birbhum within a period of six weeks from date.

There shall be a stay of operation of the warrant of arrest issued against the petitioner for a period of four weeks from date. If the petitioner surrenders before the learned Magistrate in the Court below within the stipulated time, as above, the learned Magistrate shall consider the prayer for bail of the petitioner in accordance with law.

In the event the petitioner does not surrender, the stay granted by this Court shall automatically stand vacated and the learned Magistrate in the Court below will be at liberty to execute the same in accordance with law.

The revisional application being C.R.R. 1650 of 2021 is, thus, disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all necessary formalities.

(Kausik Chanda, J.)