Prasit Dalai @ Dolui And Others v. State Of West Bengal

31.01.2023

IN THE HIGH COURT AT CALCUTTA

Item No.SL/3 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4108 of 2022 Prasit Dalai alias Dolui & Ors.

versus The State of West Bengal In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Pravash Bhattacharya, Mr. Dilip Kumar Sadhu ... For the Petitioners.

Md. Anwar Hossain, Ms. Sujata Das ... For the State.

The subject-matter of this revisional application relates to issuance of warrant of arrest in connection with Gopiballavpur Police Station Case No. 63 of 2018 dated 27.09.2018.

Learned advocate appearing for the petitioners is directed to hand over a copy of this revisional application to Mr. Anwar Hossain, learned advocate who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

Records reflect that the petitioners were granted bail by an order dated 05.10.2018. Thereafter charge-sheet was submitted before the jurisdictional court, but as the petitioners did not appear, warrant of arrest was issued against the present petitioners.

Mr. Bhattacharya, learned advocate appearing for the petitioners undertakes that the petitioners would appear and surrender before the learned Additional Chief Judicial Magistrate, Jhargram on or before 17.02.2023.

In case the petitioners surrender before the learned Additional Chief Judicial Magistrate, Jhargram on or before 17.02.2023, the learned Additional Chief Judicial Magistrate, Jhargram would check from the records whether they were earlier granted bail. In case they were earlier granted bail, the learned Additional Chief Judicial Magistrate, Jhargram would grant them ad interim bail for 10 days and commit the case to the court of sessions after supply of copies. The petitioners would be at liberty to pray for confirmation of bail before the learned Sessions Judge.

The execution of the warrant of arrest be stayed till 19.02.2023.

In case the petitioners do not surrender, the learned Additional Chief Judicial Magistrate, Jhargram would shift to the next harsher process of law on 20.02.2023. With the aforesaid observations, the revisional application being CRR 4108 of 2022 is disposed of. All pending connected applications, if any, are consequently disposed of.

All parties including the learned Additional Chief Judicial Magistrate, Jhargram 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 with all requisite formalities.

(Tirthankar Ghosh, J.)