Manirul Mallick v. State Of West Bengal And ORS.

13.09.2021 Ct No. 35 D/L 8 ab C.R.R. 1695 of 2021 (Via Video Conference) Re: An application under Sections 401 read with Section 482 of the Code of Criminal Procedure, 1973.

In re : Manirul Mallick, ... Petitioner Mr. Parvez Anam, ... for the petitioner Ms. Sukanya Bhattacharyya, Mr. Mirza Firoj Ahmed Begg, ... for the State A distress warrant has been issued against the petitioner in connection with Misc. Execution Case No. 35 of 2018, arising out of a proceeding under Section 125 of the Code of Criminal Procedure, 1973.

It appears that the warrant has not yet been executed. It has been submitted by Mr. Parvez Anam, 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 Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur, within a period of four weeks from

date. The warrant of arrest issued against the petitioner shall remain stayed for the period of four weeks.

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 fails to 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 warrant in accordance with law, without being influenced by this order.

The revisional application being C.R.R. 1695 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.)