This court stayed the warrant of arrest issued against petitioners for four weeks due to COVID-19 restrictions, directing them to surrender before the trial court within that period to seek bail.
Warrant of arrest stayed for four weeks; petitioners directed to surrender to trial court and seek bail.
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Court No. 32 Item 21 ssi 10.12. 2020
C.R.R. 1019 of 2020
(via video conference)
In the matter of :- Abdul Bari & ors.
Mr. Mrityunjoy Chatterjee ….for the petitioners Mr. Rana Mukherjee, Ld.APP Ms. Sujata Das …for the State
This is an application challenging the issuance of warrant of arrest against the petitioners.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners were granted bail by this Court in 2011. Thereafter, they regularly attended the learned Trial Court. On 20.02.2020, the petitioners were unable to attend the Court or take any step. Accordingly, a warrant of arrest was issued. In the meantime, because of COVID 19 pandemic, it became impossible to the petitioners to take appropriate steps before the learned trial Court. However, the petitioners want to join the proceeding at the earliest.
Learned counsel appearing on behalf of the State, in his usual fairness, submits that the State would come in the way if the petitioners are willing to join the proceeding at the earliest.
I have heard the submissions of the learned counsels appearing on behalf of the petitioners and the
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State and have perused the revision petition.
In view of the above, I direct that the warrant of arrest issued against the petitioners shall remain stayed for a period of four weeks from this date. The petitioners are directed to surrender before the learned trial court within such time. In the event, the petitioners surrender before the learned trial court within four weeks from this date and pray for bail, the application for bail shall be considered in accordance with law.
With these observations, 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.)
1 issue framed by the court
Whether the warrant of arrest issued against petitioners in absence due to COVID-19 suspension can be stayed.
Abdul Bari & ors.
The State
Jay Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
