Raosan@Raosan Momin@Roson Momin@Rosan Momin v. State Of West Bengal

01.09.2021 Ct No. 35 D/L 10 ab C.R.R. 1686 of 2021 (Via Video Conference) Re: An application under Sections 401 read with Section 482 of the Code of Criminal Procedure, 1973.

In re : Raoson @ Rason Momin @ Roson Momin @ Rosan Momin, ... Petitioner Mr. Tapodip Gupta, ... for the petitioner Ms. Sukanya Bhattacharyya, Mr. Mirza Firoj Ahmed Begg, ... for the State It has been submitted by Mr. Tapodip Gupta, learned advocate for the petitioner, that the petitioner was granted bail on May 27, 2011, in connection with G. R. Case No. 703 of 2011 under Sections 399/402 of the Indian Penal Code, 1860, and Sections 3 /4 of the Explosive Substances Act, 1908 and Section 25(i)(a) of the Arm Act, 1959, pending before the learned Additional Chief Judicial Magistrate at Jangipur, Murshidabad. The petitioner had been attending the trial Court regularly, but in the recent past, due to lockdown, he could not appear before the trial Court regularly. A warrant of arrest was issued against him by the learned Magistrate for such absence. It has further 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 Additional Chief Judicial Magistrate at Jangipur, Murshidabad, 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 same in accordance with law.

The revisional application being C.R.R. 1686 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.)