Sumit Gupta v. State Of West Bengal

Form J(2) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 2121 of 2022 Sumit Gupta Vs.

State of West Bengal For the petitioner :

Mr. Vijay Verma, Adv., Mr. Lokesh Sharma, Adv.

For the State :

Ms. Amita Gaur, Adv., Ms. Minoti Gomes, Adv.

Heard & Judgement on :

04.07.2022.

Bibek Chaudhuri, J.

In the instant revision an order dated 23rd February, 2022 in Sessions Case No. 23/2021, Sessions Trial No. 47/2021 under Sections 354A/354D/506/376 of the Indian Penal Code pending before the Learned Additional Sessions Judge, Fast Track, 2nd Court at Bichar Bhawan is under challenge. Considering the impugned order as well as averment made in the instant revision, this Court is of the view that the instant revision can be disposed of here and now with

the assistance of the Learned Advocate for the State. Accordingly, Mrs. Amita Gaur, Learned Advocate is requested to represent the State. Appointment of Mrs. Gaur be regularized by the Learned Legal Remembrancer, Government of West Bengal.

By passing the impugned order, the Learned Trial Court issued warrant of arrest against the accused person. It is submitted on behalf of the accused/petitioner that the petitioner was suffering from lumber spondylosis at the relevant point of time. Therefore, he could not appear before the Trial Court.

Be that as it may, the petitioner is specifically directed to appear before he Trial Court on 18th July, 2022 and till that date execution of warrant of arrest be kept in abeyance. If the petitioner surrenders before the Trial Court on 18th July, 2022 and files a petition for bail, the Learned Trial Judge shall consider such petition in accordance with law. With the above order, the instant revision is disposed of. (Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.)