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Calcutta High CourtCRR/3084/2023disposed

Soumitra Sardar v. State Of West Bengal And ANR

2023-08-24Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.3084 of 2023 D/L23 24.08.2023 Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

Soumitra Sardar

Versus

The State of West Bengal and another Ms. Mousumi Ranjan Das Mr. Laxshminath Bhattacharjya Mr. Rajib Kumar Acharyya Mr. Banshi Badan Maity Mr. Saptarshi Chakraborty.

...for the petitioner.

Mr. Anwar Hossain Ms. Ratna Ghosh.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Ms. Ratna Ghosh, learned advocate, who ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioner has drawn the attention of this Court to the factum that the petitioner was earlier granted bail on December 22, 2020 and because of miscommunication, he could not be present on 10th April, 2023 and the learned trial court was pleased to issue warrant of arrest against the petitioner.

In view of the undertaking given by the learned advocate appearing for the petitioner, I direct that in case the petitioner appears/surrenders by 15th September, 2023, he may be allowed to continue on the same bail and bond.

The execution of warrant of arrest be stayed till 18th September, 2023.

In case the petitioner appears prior to the date so fixed, the warrant of arrest so issued against the petitioner be recalled. However, in case the petitioner do not appear on 18th September, 2023, the learned trial court or the jurisdictional court would revive the warrant of arrest and proceed to the next harsher process of law.

With the aforesaid observations, CRR 3084 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)