Jamal Sheikh@Jamal Sk@Jamal Sekh And ANR. v. State Of West Bengal

01.09.2021 Ct No. 35 D/L 11 ab C.R.R. 1687 of 2021 (Via Video Conference) Re: An application under Sections 401 read with Section 482 of the Code of Criminal Procedure, 1973.

In re : Jamal Sheikh @ Jamal Sk. @ Jamal Sekh and Anr. ... Petitioners Mr. Tapodip Gupta, ... for the petitioners Ms. Sukanya Bhattacharyya, Mr. Mirza Firoj Ahmed Begg, ... for the State It has been submitted by Mr. Tapodip Gupta, learned advocate for the petitioners, that a warrant of arrest was issued against the petitioners way back in the year 2012. It appears that the warrant has not yet been executed. Attention of this Court has been drawn to an order dated January 25, 2021, whereby the learned Additional Chief Judicial Magistrate at Jangipur, Murshidabad has fixed August 10, 2021, for report as to the execution of the warrant of arrest. Mr. Gupta submits that the petitioners had no clue about the present case pending against them.

It has further been submitted by Mr. Gupta, that the petitioners are 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 petitioners to surrender before the learned Additional Chief Judicial Magistrate at Jangipur, Murshidabad, within a period of four weeks from date. Warrant of arrest issued against the petitioners shall remain stayed for the said period of four weeks.

If the petitioners surrender 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 petitioners in accordance with law without being influenced by this order. In the event the petitioners fail 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 same in accordance with law.

The revisional application being C.R.R. 1687 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.)