Sajahan @ Shajahan Sk @ Mondal @ Md. Shajahan Mondal v. State Of West Bengal

27.06.2024 Court No.29 Item No. 03 ar CRM (A) 1926 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure.

And In Re: Sajahan @ Shajahan Sk @ Mondal @ Md. Shajahan Mondal Petitioner Mr. Amanul Islam Mr. Sourav Mukherjee For the Petitioner Mr. Suman De Mr. Samarjit Balial For the State

1. In view of our earlier order Mr. Tamal Kumar Biswas, Dy. S.P (HQ), Murshidabad PD and Mr. Arup Kumar Roy, Inspector of Police, I/C, Hariharpara P.S are personally present in Court.

2. It appears that during the pendency of this matter the accused has been arrested. We could not find any explanation for keeping the warrant of arrest pending for a long time and no attempt has been made for proclamation and attachment. This conduct of the investigating authorities sent a wrong signal to the society. The petitioner is absconding for almost 17 years.

3. We direct the S.P, Murshidabad to initiate appropriate proceeding against the officers responsible for the delay in execution of the warrant of arrest.

4. In view of the fact that the accused has already been arrested, the prayer for anticipatory bail of the petitioner has become infructuous and the same is accordingly dismissed.

5. The presence of the aforesaid two persons is dispensed with.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar , J)