Swarup Mishra v. State Of West Bengal And ANR

27.4.2026 12.

BD CRR 3627 of 2026 Swarup Mishra Vs.

The State of West Bengal & Anr.

Mr. Avik Ghatak Mr. Sagnik Mukherjee Mr. Akash Ghosh ...for the Petitioner In this application learned counsel for the petitioner submits that without following the proper procedure learned court below had issued warrant of arrest straight away against the petitioner and also without giving the an opportunity to the surety to produce accused person. However, petitioner makes an innocuous prayer for giving him liberty to surrender before the court below. Having heard learned counsel for the petitioner and that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the opposite parties will have no cause to prejudice and as such service of copy of application upon the opposite parties is dispensed with.

Considering the facts and circumstances of the case, the instant application being CRR 3627 of 2025 is disposed of by giving liberty to the petitioner to surrender before the court below within 15th May, 2026 and in the event of such surrender the court below will dispose of his prayer in accordance with law without being influenced by any observation made herein.

The impugned order dated 03.08.2023 by which warrant of arrest was issued against the petitioner shall be stayed till 15th May, 2026 or until further order, whichever is earlier.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)