Saumitra Khan vs The State Of West Bengal & Anr
2023 Latest Caselaw 7350 Cal

01.11.2023

SB Ct. No.7 (vacation Bench) CRR 4417 of 2023

Saumitra Khan Vs.

The State of West Bengal & Anr.

Mr. Sourav Chatterjee Ms. Koel Mukherjee Mr. Anurag Sardar ... for the petitioner

Mr. N. P. Agarwala Mr. P. Bose ... for the State

The petitioner was granted anticipatory bail in connection

with Bishnupur Police Station Case No. 32 of 2019 dated

27.01.2019 by a Division Bench of this Court on March 27,

2019.

Subsequently, a warrant of arrest was issued against the

petitioner by the relevant Magistrate.

It has been submitted by Mr. Chatterjee, learned counsel

appearing on behalf of the petitioner that since there are

number of malicious criminal proceedings filed against the

petitioner, due to inadvertence, he could not appear before the

learned Magistrate.

Mr. Agarwala, learned counsel appearing on behalf of the

State submits that the petitioner did not surrender before the

learned Magistrate even after four years from the date of the

anticipatory bail order.

However, the judgement passed by the Hon'ble Supreme

Court reported at (2020) 5 SCC 1 [Sushila Aggarwal vs. State (NCT of Delhi)] makes it clear that an order of the anticipatory

bail remains operative till the conclusion of the trial.

In that view of the matter, I direct that during the

pendency of the present revisional application if the petitioner

appears within two weeks before the learned ACJM, Bishnupur,

Bankura in connection with Bishnupur Police Station Case No.

32 of 2019 dated 27.01.2019 and prays for bail, the warrant of

arrest issued by the learned Court in such circumstances

following the judgment of the Hon'ble Supreme Court reported

at (2007) 12 SCC 1 (Inder Mohan Goswami v. State of

Uttaranchal) be treated as bailable warrant. Learned Magistrate

accordingly on surrender would decide the application for bail in

accordance with law.

List the revisional application under the heading 'Motion'

one week after the Puja Vacation.

(KAUSIK CHANDA, J.)