Calcutta High CourtCRR/4546/2022disposed

Bablu Karmakar v. State Of West Bengal

2023-02-10Hon'Ble Justice Tirthankar Ghosh2 pages

10.02.2023 S/L No.64 KS C.R.R. 4546 of 2022 Bablu Karmakar -Vs.- The State of West Bengal Mrs. Sujata Das .....For the Petitioner Mr. Saswata Gopal Mukherjee, Ld. P.P.

Mrs. Debjani Sahu .....For the State Petitioner apprehends that he may be taken into custody in case he appears in connection with Sessions Trial No.232 of 2011 (arising out of Habibpur Police Station Case No.233/2009 corresponding to G.R. Case No.4034 of 2009) as warrant of arrest has been issued by the learned Additional Sessions Judge, 1st Court, Malda. Petitioner is directed to hand over a copy of the revisional application upon Mrs. Debjani Sahu, learned advocate who ordinarily appears on behalf of the State. Her appointment may be regularized by the concerned authorities and is directed to represent the case for the State.

Records reflect that the petitioner was on bail but started being absent in the year 2021. The order dated 07.10.2021 reflects that no steps were taken and subsequently warrant of arrest has been issued. Learned advocate appearing for the petitioner undertakes that the petitioner would henceforth surrender and abide by the orders

passed by the learned Trial Court and would cooperate with the further progress of the case.

Having regard to the same, I direct that an opportunity must be granted to the present petitioner. Consequently, if the petitioner appears and surrenders before the learned Additional Sessions Judge, 1st Court, Malda by 3rd March, 2023 he may be allowed to continue on the same bail and bond on such terms and conditions as the learned Additional Sessions Judge/Trial Court deems fit and proper. The execution of warrant of arrest be stayed till 3rd March, 2023. However, the petitioner shall once in a fortnight report to Habibpur Police Station, till he surrenders. Once the petitioner surrenders before the learned Trial Court such conditions would be deemed to be waived.

With the aforesaid observations, C.R.R. 4546 of 2022 is disposed of.

Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)