Rahul Prasad vs The State Of West Bengal
2023 Latest Caselaw 2241 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                            CRR 761 of 2023


                             Rahul Prasad
                                 Vs.
                       The State of West Bengal


      Mr. Iqbal Hossain
            ..for the petitioner

      Mr. Ranabir Roy Chowdhury
      Mr. Sandip Chakraborty
            ..for the State

Item No. 14


Heard & Judgment on:           03.04.2023


Bibek Chaudhuri, J.

On perusal of the impugned order dated 2 nd February, 2023

passed by the learned Additional Sessions Judge, Fast Track, First

Court at Calcutta in S.C. Case No. 89 of 2022, this Court is of the

view that the instant revision can be disposed of here and now with

the assistance of an advocate from the State panel.

Mr. Ranabir Roy Chowdhury, learned advocate for the State is

requested to assist this Court in the instant matter which he agrees.

The petitioner is directed to serve a copy of the application to Mr. Roy

Chowdhury here and now. Appointment of Mr. Roy Chowdhury be

regularized by the Legal Remembrancer, Government of West Bengal.

The petitioner is aggrieved by an order dated 2 nd February,

2023. On 2nd February, 2023 the petitioner was not able appear

before the learned Court below as he was in custody in another case.

The learned advocate for the petitioner informed the matter to the

learned trial Court but he could not state the case number in which

the petitioner was arrested.

The trial Court in such case ought to have issued a production

warrant directing the Superintendent, Correctional Home to produce

the accused on the date that might be fixed by the learned Court

below. However, the learned trial Judge issued warrant of arrest

against the accused.

It is also submitted by Mr. Roy Chowdhury that since the

petitioner did not violate any condition for bail which he was enjoying

before the his arrest in connection with another case, the learned trial

Judge committed apparent error in issuing warrant of arrest against

the petitioner.

In view of such submission made by the learned counsel for the

parties this Court is of the considered opinion that the order dated 2 nd

February, 2023 is to be set aside.

Accordingly, the order dated 2nd February, 2023 passed by the

Additional Sessions Judge, Fast Track, First Court, Calcutta in

Sessions Case No. 89 of 2022 is set aside.

The petitioner is directed to surrender before the trial Court

within seven days from the date of this order and on his surrender the

trial Court shall permit him to remain on same bail which he was

previously enjoying before the 2 nd February, 2023 in connection with

the instant case.

The instant revision is accordingly disposed of on contest,

however, without any costs.

(Bibek Chaudhuri, J.)