Raj Laxmi Kedia & Ors vs State Of West Bengal & Anr
2022 Latest Caselaw 6588 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                           CRR 3245 of 2022

                         Raj Laxmi Kedia & Ors.
                                   Vs.
                        State of West Bengal & Anr.



For the petitioner       : Mr. Brajesh Jha, Adv.
                           Ms. Jonaki Saha, Adv.

For the State            : Mr. Saswa Gopal Mukherjee, Ld.P.P.
                           Mr. Anand Keshari, Adv.

Heard on                 : 14.09.2022

Judgment On              : 14.09.2022.


Bibek Chaudhuri, J.

An order dated 7 th April, 2022 passed by the learned Trial

Judge issuing warrant of arrest against the petitioners is assailed in

the instant revision.

On perusal of the averment made in the instant revision and

having heard the learned Advocate for the petitioners, I am of the

view that the instant revision may be disposed of here are now with

the assistance of the learned Public Prosecutor, High Court, Calcutta.

The petitioner is directed to serve a copy of the instant

application upon the learned Public Prosecutor.

I have heard the learned Public Prosecutor.

It is ascertained from the certified copy of the order-sheet of

S.T.(11)15 that during 2021, trial of the case could not be

commenced for Covid pandemic. Such uncertain situation prevailed

till March, 2022. Subsequently on 7th April, 2022 the petitioners failed

to appear in the Trial Court and the learned Trial Judge issued warrant

of arrest against the petitioners.

It is submitted on behalf of the petitioners that due to Covid

pandemic, the petitioners failed to track of the progress of the case in

the Trial Court. The learned Advocate who used to represent the

petitioners in the Trial Court unfortunately expired during pandemic

time. Therefore, the petitioners failed to appear before the Trial Court

on 7th April, 2022. There was no intentional laches on the part of the

petitioners. The learned Trial Judge, however, issued warrant of

arrest against the petitioners.

I have gone through the order dated 7 th April, 2022. There is

undoubtedly some scope of criticism against the impugned order

dated 7th April, 2022. Let me assign the reason:-

Indisputably the petitioners were previously enlarged on bail.

Trial of the case was continuing and out of 8 charge-sheeted

witnesses, 7 witnesses were examined. At that stage the learned

Trial Judge issued warrant of arrest against the petitioners on 7 th

April, 2022. However, it is unfortunate to note that the learned Trial

Judge before issuance of warrant of arrest, failed to cancel the

previous order of bail passed in favour of the petitioners. The bail

bonds submitted on behalf of the petitioners were not forfeited

without cancellation of previous bail and forfeiture of bail bond, no

warrant of arrest can be issued by the Trial Court.

The order impugned is, therefore, bad in law and the learned

Trial Judge failed to exercise his jurisdiction vested under the law.

For the reasons stated above, the instant revision is allowed.

Operation and execution of warrant of arrest against the

petitioners issued by the Trial Court vide order dated 7 th April, 2022

be stayed for a period of 2 weeks after vacation.

The petitioners are directed to surrender before the Trial Court

one week after vacation and on such voluntary surrender, petitioners'

prayer for bail shall be considered by the Trial Court in accordance

with law.

The instant revision, is, thus, disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.13..

D/L.