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Calcutta High CourtCRR/3879/2023disposed

Ibrahim Sk And Another v. State Of West Bengal

2023-11-23Hon'Ble Justice Tirthankar Ghosh2 pages

23.11.2023 Serial no. 14 [G.S.D] CRR 3879 of 2023 In the matter of : Ibrahim Sk & Anr.

... ... Petitioners Ms. Karabi Roy Ms. Papiya Naskar ... Petitioner Mr. Santanu Chatterjee ... for the State The petitioner is aggrieved by the factum of warrant of arrest being issued.

According to ld. Advocate for the petitioner, the petitioner was granted anticipatory bail. He surrendered and he was granted bail. However, due to pandemic, there was lack of communication between the ld. advocate for the petitioner, as such, consequently, the petitioner was unable to track the dates before the ld. Magistrate. As such warrant of arrest was issued.

From the records, it reflects that the case was initiated in the year 2019 and because of different accused persons being absent and the systematic day caused, the case has not been committed to the Court of Sessions.

Accordingly, I direct the ld. Magistrate in seisin of the matter to take steps for commitment of the case within a period of three months from the date of communication of this order. All the accused persons must ensure their appearance before the ld. JM. So far as the petitioners are concerned, the execution of warrant of arrest so issued be stayed till 20th of December, 2023. If the petitioners surrender by the said date, the ld. Magistrate will allow them to continue with the same bail and bond subject to the condition that once in a week they would meet with the officer in charge/inspector in charge of Nabadwip P.S. till charge is framed by the ld. Sessions Judge. If the petitioners do not surrender by 20th of December, 2023, then, the ld. Magistrate would resort to harsher process of law With the aforesaid observations, CRR 3879 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)