Subhas Sharma vs The State Of West Bengal
2023 Latest Caselaw 3619 Cal

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

Present :

The Hon'ble Justice Bibek Chaudhuri

CRR 1611 of 2023

Subhas Sharma Vs.

The State of West Bengal

Mr. Syed Shamsul Arefin ..for the petitioner

Heard and Judgment on: 19.05.2023

Bibek Chaudhuri, J.:

It is submitted on behalf of the petitioner/accused that several

dates were fixed since 29th September, 2022 for delivery of judgment.

The learned trial Judge fixed as many as five dates for delivery of

judgment. Thereafter on 21st January, 2023 the learned Judge finds

that he requires to hear out the argument on law point and fixed 18 th

March, 2023 for further argument. On 18 th March, 2023 no conclusive

order was passed stating if the argument was heard or not.

Subsequently, on 20th March, 2023 the learned Judge passed an order

issuing warrant of arrest against the accused on the ground that no

step was taken by the accused and the accused was absent on call.

From the copy of the orders I do not find if the date of argument was

fixed on 20th March, 2023. At least there is no such mentioning in the

order sheet. Therefore, the accused or his learned advocate was not

present on 20th March, 2023. Under such circumstances, the order of

issuance of warrant of arrest against the petitioner is patently bad in

law.

For the reasons stated above, the order dated 20 th March, 2023

issuing warrant of arrest against the accused is set aside.

The learned Court below is directed to allow the accused to

remain on same bail. The learned Assistant Sessions Judge,

Arambagh, Hooghly is also directed to hear out the argument on a

fixed date and deliver the judgment at the earliest.

The instant revision is, thus, disposed of.

A plain copy of the order be supplied to the learned advocate for

the petitioner.

(Bibek Chaudhuri, J.)