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Calcutta High CourtCRR/3189/2025disposed

Partha Biswas @ Partho Biswas And Another v. State Of West Bengal

2025-12-03Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

03.12.2025 Sl. No.25.

D/L.

Mithun.

Ct.No.29.

CRR/3189/2025 Partha Biswas @ Partho Biswas & Anr.

Vs.

The State of West Bengal Mr. Prabir Majumder ...for the petitioners Mr. Saibal Bapuli, Ld.APP, Mr. Arijit Ganguli, Ld. Jr. Govt. Adv., Mr. Arani Bhattacharyya ...for the State Petitioners have assailed the order dated 6th May, 2025 when the Court below issued warrant of arrest against the present petitioners. Petitioners' contention is that in compliance with the order passed by this High Court in CRA (DB) 64 of 2023, they surrendered before the Court below and obtained bail and were all along present before the Trial Court. However, due to unavoidable circumstances, only on that particular date, both the petitioners could not attend the Court but learned Trial Court without giving any opportunity to the surety to produce the accused persons before the Court has directly issued warrant of arrest against the petitioners. However, the petitioners now want to surrender before the Court below and, as such, seeks for a liberty.

Having heard learned Counsel for the petitioners and the State, let CRR 3189 of 2025 stands disposed of giving liberty to the petitioners to surrender before the Court below within a period of two weeks from date and in the event of their surrender, the Trial Court will dispose of their prayer in accordance with law without being influenced by any observation made herein. The impugned order dated 06.05.2025 by

which the warrant of arrest was issued against the petitioners is stayed for a period of two weeks or till the petitioners surrender before the Court below, whichever is earlier.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )