Calcutta High Court (Appellete Side)
Sk. Nasiruddin @ Sk. Nasir vs The State Of West Bengal & Anr on 8 March, 2019
Author: Jay Sengupta
Bench: Jay Sengupta
1 08.03.2019
Ct.No.29 dc.
C.R.R. 771 of 2019 Sk. Nasiruddin @ Sk. Nasir Versus The State of West Bengal & Anr.
Ms. Pampa Dey (Dhabal) ... For the Petitioner.
Ms. Debjani Sahu ... For the State.
Learned advocate appearing on behalf of the petitioner submits that the petitioner is praying for stay of the warrant of arrest issued against him so that he can surrender before the learned court below and pray for bail.
Let a copy of this application be served upon Ms. Debjani Sahu, learned advocate who is present in court today and who ordinarily appears on behalf of the State. Her engagement may be regularised by the competent authority of the State in due course.
The learned advocate appearing on behalf of the petitioner submits that although a charge-sheet was submitted in this case in 2011, the petitioner did not surrender and therefore could not join the proceeding. She submits that in 2013 the State Government directed the concerned authority to file an application under section 321 of the Code of Criminal Procedure for withdrawing the instant case. The learned advocate submits that in spite of this the learned 2 court below rejected the prayer under section 321 of the Code of Criminal Procedure. She submits that in the meantime a warrant of arrest that had been issued earlier remains pending as against the present petitioner. She, however, contends that some other co- accused had surrendered before the learned court below and were granted bail.
I have heard the submissions of the learned advocates appearing on behalf of the petitioner as well as for the State and have perused the revision petition.
Considering duration for which the warrant of arrest had remained pending against the present petitioner, I do not think that this is a fit case for staying the warrant of arrest. However, in case the petitioner wants to join the proceedings and surrenders before the learned court below, his prayer for bail may be considered in accordance with law.
The revisional application is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
( JAY SENGUPTA, J. )