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Calcutta High CourtCRR/4589/2022disposed

Haidar Ali v. State Of West Bengal And ANR

2023-02-08Hon'Ble Justice Tirthankar Ghosh2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 08-02-2023 Subha Item no.107 Ct no.34 CRR 4589 of 2022 Haidar Ali -versus- The State of West Bengal & Anr.

Mr. Tapan Dutta Gupta Mr. Parvej Anam ....for the petitioner.

Mr. S.G. Mukehrji, ld. PP, Mr. Imran Ali Ms. Debjani Sahu ...for the State.

Mr. Dutta Gupta, learned advocate appearing on behalf of the petitioner states that he apprehends that he may be arrested in view of the charge-sheet submitted in connection with Itahar Police Station Case No. 345 of 2020 under Sections 447/448/326/34 of the Indian Penal Code read with Section 3 / 4 of the Explosives Substance Act. Petitioner is directed to hand over a copy of the revisional application upon Mr. Imran Ali, learned advocate who usually appears on behalf of the State. His appointment may be regularized by the concerned Authorities in due course. He is entitled to have a junior of his choice.

In view of the submissions advanced on behalf of the learned advocate for the petitioner that he intends to surrender before the jurisdictional court, I direct that in case the petitioner surrenders before the jurisdictional court by 23rd February, 2023, his application for bail may be considered in accordance with law by the learned court

after perusal of the case diary and after taking into consideration as to whether his custodial detention is at all required in the fact and stage of the present case.

The warrant of arrest, if issued, be stayed till 27th February, 2023.

The learned Magistrate would revive the warrant of arrest in case the petitioner does not surrender within the period mentioned above.

Liberty is given to the petitioner to approach this court at a subsequent stage of the present proceedings.

With the aforesaid observations, the present revisional application being CRR 4589 of 2022 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]