Nabakumar Samanta @ Lab Samanta vs State Of West Bengal & Anr
2022 Latest Caselaw 3657 Cal

Form J(2)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                       C.R.R. 2004 of 2022

                Nabakumar Samanta @ Lab Samanta
                               Vs.
                   State of West Bengal & Anr.

For the petitioner     :   Mr. Debabrata Acharyya, Adv.
                           Mr. Sital Samanta, Adv.

For the State          :   Mr. Tanmoy Kr. Ghosh, Adv.
                           Ms. Puspita Saha, Adv.

Heard on               : 27.06.2022

Judgment On            : 27.06.2022.

Bibek Chaudhuri, J.

Mr. Tanmoy Ghosh and Ms. Puspita Saha, learned Advocates

are requested to assist this Court on behalf of the State because on

perusal of the instant application as well as the materials on record

this Court is of the view that the instant revision can be disposed of

here and now.

In respect of G.R. Case No.1212/2020, police submitted

charge sheet against the petitioner and 37 others. The name of the

petitioner appears in serial No.18 of the charge-sheet. It is found

from the record that the petitioner was initially granted anticipatory

bail by the learned Sessions Judge of 24 Parganas (South).

Subsequent to grant of anticipatory bail, the petitioner obtained

regular bail. However, on 7th April, 2022 charge sheet was submitted.

As the petitioner remained absent, the learned Additional Chief

Judicial Magistrate, Diamond Harbour issued warrant of arrest against

the petitioner.

The impugned order per se is illegal because during

investigation a person on bail is not required to appear before the

Court of the learned Magistrate. After filing of the charge-sheet, it is

the duty of the Court of the learned Magistrate to issue notice upon

the accused who is on bail to appear and in pursuance to such notice

if the accused fails to appear, only then warrant of arrest may be

issued against him. Accordingly, the impugned order dated 27 th April,

2022 insofar as issuance of warrant of notice against the petitioner is

concerned, is set aside.

The petitioner is directed to appear before the court below on

20th July, 2022. The learned Additional Chief Judicial Magistrate,

Diamond Harbour is directed to pass an order, enlarge the accused on

same bail.

The petitioner is at liberty to act upon the server copy of the

order.

(Bibek Chaudhuri, J.)