Biswajit Mitra v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION 23-06-2023 Item no. S/L 1.

Ct no.34 Subha FROM THE PRINCIPAL BENCH CRR 163 of 2023 Biswajit Mitra -versus- The State of West Bengal Re : An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Asis Bhattacharyya ...for the petitioner.

Mr. Rudradipta Nandy, ld. APP Mrs. Sonali Das ....for the CBI.

Petitioner is directed to serve upon Mr. Rudradipta Nandy, learned Additional Public Prosecutor, High Court, Calcutta appearing for the State as there is no representation of the advocates of the said panel of Jalpaiguri Circuit Bench. The appearance of Mr. Rudradipta Nandy, ld. APP may be regularized by the concerned Authorities in due course.

The subject matter of challenge relates to warrant of arrest issued by the learned First Track Court, Coochbehar wherein by an order dated 19.09.2018 the learned court in Sessions Case No. 435 of 2013 was pleased to issue warrant against the present petitioner. Learned advocate for the petitioner submits that the petitioner is presently residing at Calcutta and is not staying at the address in which the process has been served. Further undertaking is given that

henceforth the petitioner would abide by the orders passed by the learned trial court and would make himself physically available as and when dates are fixed for the case.

Having regard to the undertaking given by the learned advocate for the petitioner, I direct that in case the petitioner was earlier on bail the learned court would check the records and in that case would allow the petitioner to continue on the same bail and bond with further conditions so that his appearance is ensured on the future dates so fixed by the learned trial court.

Let the warrant of arrest so issued be stayed till 14th July, 2023.

If the petitioner do not appear or surrender before the learned trial court, in that case the learned court on the next date would issue harsher process of law to compel his appearance before the court. With the aforesaid observations, the revisional application being CRR 163 of 2023 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. Urgent Photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities. [Tirthankar Ghosh, J]