Calcutta High Court (Appellete Side)
Dr. Neela Bhattacharya @ Bhattacharjee vs State Of West Bengal & Anr on 18 March, 2019
Author: Asha Arora
Bench: Asha Arora
1 18.03.2019
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Item No.5 Ct.No.30 dc.
C.R.R. 2969 of 2017 with C.R.A.N. 4897 of 2017 with C.R.A.N. 152 of 2019 Dr. Neela Bhattacharya @ Bhattacharjee versus State of West Bengal & Anr.
Mr. Shibaji Kumar Das ... For the Petitioners.
Ms. Faria Hossain ... For the State.
Affidavit-of-service be kept on record. At the instance of the petitioners the application being C.R.A.N. 4897 of 2017 appears under the heading "To Be Mentioned".
Application being C.R.A.N. 4897 of 2017 is for extension of interim order which was granted by this Court and extended from time to time.
The aforesaid interim order is further extended for a period of eight weeks or until further order whichever is earlier.
The application being C.R.A.N. 4897 of 2017 is thus disposed of.
Application being C.R.A.N. 152 of 2019 is for stay of operation of the order dated 18th December, 2018 passed by the learned 2 Judicial Magistrate, 3rd Court, Jalpaiguri in G.R. Case No. 653 of 2010 arising out of Bhaktinagar P.S. Case No. 142 of 2010 dated 17th February, 2010 under section 304 of the Indian Penal Code whereby warrant of arrest has been issued against the accused/petitioner due to her absence on the aforesaid date.
Learned counsel for the petitioner submits that the petitioner undertakes to surrender before the trial court within four weeks so the impugned order may be stayed for a short period.
Let the execution of the warrant of arrest against the petitioner in connection with G.R. Case No. 653 of 2010 remain stayed for a period of four weeks subject to the condition that the petitioner shall surrender before the learned Judicial Magistrate, 3rd Court, Jalpaiguri within the aforesaid period failing which the warrant of arrest shall revive and shall be executed against the petitioner in accordance with law.
In the event the petitioner surrenders before the trial court during the stipulated period, the application for bail of the petitioner shall be considered by the trial court in accordance with law.
The application being C.R.A.N. 152 of 2019 is thus disposed of. Let the revisional application appear under the heading "Contested Application" in the monthly list of May 2019. 3
Urgent photostat certified copy of this order, if applied for, be given to the applicant upon compliance of requisite formalities.
( ASHA ARORA, J. )