Litan Md@Tanbir Habib v. State Of West Bengal

CRR 2455 of 2021 Court No.

Item 57 tbsr In the matter of:- Litan Md. @ Tanbir Habib 24.12.

Mr. Ibrahim Shaikh .....for the petitioner Mr. Dababrata Chatterjee Mr. Mirza Firoj Ahmed Begg .....for the State This is an application challenging the issuance of warrant of arrest against the present petitioner. Let a copy of this application be served upon Mr. Debabrata Chatterjee and Mr. Mirza Firoj Ahmed Begg, learned counsels, who are present in court today and who ordinarily appear on behalf of the State. Their engagement may be regularised in due course by the competent authority of the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. After being granted bail, petitioner was regularly attending court. On 18.09.2020 he attended the learned trial court. However, on the next date i.e., on 06.04.2021 due to some miscommunication, the petitioner could not attend the court or take any steps before the learned trial court. Accordingly, warrant of arrest was issued against him. He intends to join the proceeding at the earliest.

Learned counsel on behalf of the State submits

that a direction may be passed upon the petitioner to appear before the learned trial court at the earliest. I have heard submissions of the learned counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

It appears that due to absence of the accused on a particular date before the learned trial court, warrant of arrest was issued against him.

However, the petitioner wants to join the proceeding at the earliest.

Accordingly, I direct that the warrant of arrest issued against the petitioner shall remain stayed for a period of four weeks from this date. The petitioner shall surrender before the learned trial court within such time. In the event the petitioner surrenders before the learned trial court within the stipulated time of four weeks and prays for bail, his application shall be considered in accordance with law.

With these observations, the revisional application is disposed of Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)