Sanjoy Biswas @ Deb Das Biswas & ORS. v. State Of West Bengal & ANR

C.R.R. No.3884 of 2019 (Via Video Conference) D/L 22 January 5, Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973 filed in connection with Habra Police Station Case No.54 of 2012 dated 21.11.2012 under Sections 363/365/34 of the Indian Penal Code;

Sanjoy Biswas @ Deb Das Biswas & Ors.

Versus

The State of West Bengal & Anr.

Mr. Kamalesh Ch.Saha.

...for the petitioners.

Mr. Narayan Prasad Agarwal, Mr. Pratick Bose.

...for the State.

Ms. Payel Mitra.

...for the opposite party no.2.

The certified copy of the order reflects that warrant of arrest was issued on 31st December, 2014 by the learned Chief Judicial Magistrate, Barasat, District-North 24 Parganas. Ms. Payel Mitra, learned advocate, appears on behalf of the opposite party no.2 and submits that there have been change of circumstances and subsequently matrimonial relationship has developed between the families.

In view of the warrant of arrest so issued pending for a considerable period of time and there being change of circumstances which has taken place along with the pandemic, I am of the opinion that the revisional application can be disposed of

with the following directions:

The petitioners shall surrender before the learned CJM, Barasat, North 24 Parganas by 4th February, 2022. Once the petitioners surrender, the learned Magistrate would consider their application for bail in accordance with law.

The warrant of arrest so issued be stayed till 8th February, 2022.

Thus, CRR 3884 of 2019 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)