Sudev Sarkar v. State Of West Bengal And ANR

4.12.2025 SB CRR 4881 of 2025 Sudev Sarkar Vs.

The State of West Bengal & Anr.

Mr. Susnigdho Bhattacharyya ...for the Petitioner The petitioner herein has assailed the order dated 17.9.2024 passed in connection with SC no. 14 of 2021 corresponding to G.R. case no. 792 of 2011, presently pending before the learned Additional District & Sessions Judge, 2nd court, Bongaon.

Being aggrieved by the aforesaid order, learned counsel for the petitioner submits that the petitioner was all along diligent in attending the court but only on two occasions i.e. on 27.6.2024 and 17.9.2024, he could not attend court due to some persona difficulties and the court below without giving any opportunity to the surety to produce the accused person before the court, has issued warrant of arrest directly. However, the petitioner now wants to surrender before the court below and for which he seeks leave before this court. Having heard learned counsel for the petitioner that the prayer made by the petitioner is innocuous and as such, the service of copy of the application upon the opposite party is dispensed with.

In such view of the matter, CRR 4881 of 2025 is hereby disposed of giving liberty to the petitioner to surrender before

the court below within a period of two weeks and in the event, such surrender by the petitioner, the court below will dispose of his prayer in accordance with law without being influenced by any observations made herein.

The impugned order which was passed vide order dated 17.9.2024 is hereby stayed for a period of two weeks or till the petitioner surrenders before the Trial court, 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.)