Shib Sankar Mondal vs The State Of West Bengal
2023 Latest Caselaw 1188 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri

                               CRR 3977 of 2022

                                   Shib Sankar Mondal
                                       Vs.
                              The State of West Bengal


      Mr. Dipankar Aditya
      Ms. Tina Biswas
            ..for the petitioner

Item No. 27


Heard & Judgment on:           13.02.2023


Bibek Chaudhuri, J.

The petitioner has approached this Court assailing the

order dated 27th April, 2022 passed by the learned Additional

Sessions Judge, 4th Court at Barasat issuing warrant of arrest

against the petitioner in connection with South Bidhannagar P.S.

Case No. 38 of 2010 dated 10 th March, 2010 under Sections 3

and 4(B) of Indian Explosive Act and 25/27/35 of the Arms Act

corresponding to G.R. Case No. 149 of 2010.

It is submitted by the learned advocate for the petitioner

that during restriction of Covid pandemic the petitioner failed to

appear before the learned Court below. After lifting of such

restriction he also did not appear before the trial Court as he

was not advised by his learned advocate. Due to absence the

learned trial Judge issued warrant of arrest against him.

It is submitted by the learned advocate for the petitioner

that the petitioner will surrender before the learned trial Court

on a date fixed by this Court and in the meantime execution of

warrant of arrest may be stayed.

In view of such submission made by the learned advocate

for the petitioner, the instant revision is disposed of directing the

petitioner to appear before the learned trial Judge within a

fortnight. If the accused voluntarily surrenders before the trial

Court, the learned trial Judge shall consider his application for

bail in accordance with law.

The execution of warrant of arrest against the petitioner be

kept in abeyance for a period of three weeks hence.

The instant revision is, accordingly, disposed of.

(Bibek Chaudhuri, J.)