Calcutta High Court (Appellete Side)
An Application Under Sections 397/401 ... vs Sri Surendra Kumar Jaiswal @ Surendra ... on 15 May, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 Sl. May 15, C.R.R. 1368 of 2017
332. 2017 In the matter of: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure;
And In the matter of : Sri Surendra Kumar Jaiswal @ Surendra Jaiswal Versus Smt. Kiran Devi Lunia Mr. Avik Ghatak, Mr. Indrajit Dey, ...for the petitioner.
Mr. Debrup Bhattacharjee, ...for the opposite party.
Re: C.R.A.N. 1916 of 2017 (condonation) filed on April 27, 2017.
This is an application for condonation of 44 days' delay in filing the revisional application.
After hearing the learned advocate appearing on behalf of the petitioner and considering the averments contained in the application for condonation of delay, I am satisfied with the explanations offered in support of delayed filing of the revisional application.
I, therefore, condone the delay in filing the revisional application and allow the application for condonation of delay.
Now, I take up the main revisional application for consideration. Let the revisional application appear under the heading "motion adjourned" three weeks after reopening of the court after summer vacation for the year 2017.
The warrant of arrest issued against the petitioner shall remain suspended for a period of four weeks after reopening of the court after summer vacation for the year 2017 or until further orders, whichever is earlier, in the event the petitioner deposits an additional sum of Rs. 40,000/- before the trial court within a period of fortnight from date.
Upon making such deposit by the petitioner, the opposite party shall be at liberty to withdraw the entire amount so deposited, that is, Rs. 1,10,000/- upon executing a personal bond to the satisfaction of the trial court and subject to the result of the instant revisional 2 application.
In the event, the petitioner fails to deposit the aforesaid sum within the time stipulated, as above, the order issuing warrant of arrest shall stand revived and be executed against him in accordance with law.
Photostat certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.
( Joymalya Bagchi, J. ) dns