Hara Ghosh @ Haro Ghosh @ Haro Kumar Ghosh v. State Of West Bengal

21.10.2020.

CRR 1434 of 2020 jks Ct.

(Through Video Conference) Hara Ghosh @ Haro Ghosh @ Haro Kumar Ghosh Vs The State of West Bengal.

Mr. Manas Kumar Das, ...For the petitioner.

Mr. S.G. Mukherjee, Mr. A. Ganguly, ...For the State.

The impugned order dated 24th June, 2019 passed by the learned Additional Chief Judicial Magistrate, Kandi in G.R.No. 170 of 2004 under Section 307/326/34 Indian Penal Code issuing warrant of arrest against the petitioner is subject of challenge in this revisional application.

It is submitted by the learned Advocate for the petitioner that the petitioner has been enjoying bail, and due to misconception of date, he could not ensure his appearance on the stipulated date, mentioned for supply of copy, and as a result of which warrant of arrest has been issued against the petitioner. Learned advocate appearing for the State submits that the petitioner has misused the privilege of bail and the same should not be likely viewed having regard to gravity of the case. Having considered the rival submissions of the parties and bearing in mind the fact that petitioner was on bail the impugned order issuing warrant of arrest be stayed for five (05) weeks subject to the condition that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Kandi in connection

with G.R. No.170 of 2004 within such stipulated period, and if any bail petition is filed upon surrendering, the same shall be duly disposed of by the learned Court below in accordance with law providing sufficient opportunity of hearing to either of the parties to this case.

With this direction CRR 1434 of 2020 stands disposed of. (Subhasis Dasgupta, J.)