Indrajit Das v. State Of West Bengal

NB 02.03.2022 CRR 2473 of 2021 In the matter of:- Indrajit Das .....petitioner. Ct. No. 39 Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee.

....for the petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan.

...for the State.

This is an application challenging an order issuing warrant of arrest in a case under Sections 14 and 14C of the Foreigners Act and Section 12 of the Passports Act.

Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. He was granted bail in connection with the present case on 21.08.2016. Thereafter, he regularly attended the Court. However, on one occasion i.e. on 17.12.2018, he could not appear before the learned Court or take any steps. Accordingly, a warrant of arrest was issued. However, the same remained pending till date. The petitioner wants to join the proceeding at the earliest. Learned Counsel appearing on behalf of the State submits that a warrant of arrest was issued long ago and, therefore, it is not a fit case where a warrant of arrest could be stayed.

I have heard the submissions of the learned Counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

It is true that the petitioner was attending the Court for quite sometime. However, the warrant of arrest was issued in December, 2018 and the petitioner has approached this Court only in 2021. Therefore, I do not find this to be a fit case where the warrant of

arrest issued against the petitioner should be stayed. Accordingly, the prayer for stay of the warrant of arrest is refused. However, it shall be open to the petitioner to surrender before the learned Trial Court and in the event he surrenders and prays for bail, the same 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.)