Amit Santara v. State Of West Bengal

06.02.2024 item No.227 Rakib (PA).

ct. no. 34 CRR 4963 of 2023 Amit Santara.

Vs The State of West Bengal.

In Re: An Application under Section 482 of the Code of Criminal Procedure;

Mr. Niladri Sekhar Ghosh, Mr. Sourov Mondal, Ms. Sampurna Chatterjee, Ms. Laboni Sikdar, Mr. Rony Mondal.

.... For the Petitioner.

Mr. Arindam Sen.

.... For the State.

Petitioner submits that for reason beyond his control he could not appear before the learned ACJM, Arambagh, Hooghly in connection with G.R. case no. 858 of 2019 (arising out of Arambagh Police Station case no. 297 of 2019) and consequently on or about 4.12.2023 warrant of arrest was issued against the present petitioner.

Learned Advocate appearing for the petitioner submits that the petitioner never intended to disobey the Court because of reasons beyond control he could not appear and undertake to abide by the directions of the learned ACJM, Arambagh, Hooghly. Having considered the submission so made on behalf of the learned Advocate appearing for the petitioner, I am of the view that if the petitioner surrenders before the learned ACJM, Arambagh, Hooghly in connection with G.R. Case No. 858 of 2019, arising out

of Arambagh Police Station case no. 297 of 2019 by 26th February, 2024 and it is found by the learned Magistrate that the petitioner was earlier on bail, he would then be allowed to continue on same bail an bond.

However, if the petitioner do not appear on 26th February, 2024 the learned Magistrate would shift to harsher process of law by invoking provisions of Sections 82/83 of Code of Criminal Procedure.

With the aforesaid observations CRR 4963 of 2023 is disposed of.

Pending application, if any, is consequently 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.)