Petitioner, named in charge sheet as an absconder under various IPCSections, intended to surrender. Court stayed the execution of the arrest warrant pending such surrender but clarified that it would not influence the trial court's jurisdiction on bail.
Stay of execution of warrant of arrest pending surrender of petitioner to the trial court.
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09.01.2023 SL No 37 Court No.3 BR
Circuit Bench of Calcutta High Court At Jalpaiguri
CRR 8 of 2023
In the matter of : Bimal Barman
Mr. Subhasish Misra, Mr. Swarup Das
…. For the petitioner
Mr. Aditi S. Chakraborty, Ld. APP, Mr. Sourav Ganguly, Mr. Kallol Nag
…. For the State
Heard learned Counsel for the petitioner Mr. Subhasish Misra. The petitioner has been named in the F.I.R. Police after investigation submitted charge sheet under Sections 147/148/149/324/325/326/302 of the I.P.C. against the 65 accused persons including the petitioner showing him absconder. Warrant of arrest is pending. The petitioner intends to surrender to the jurisdiction of learned Trial Court.
Mr. Ganguly, learned Counsel representing the State submits that possibility of issuance of WP & A in this particular case cannot be ruled out. However, considering the submission of Mr. Misra, learned Counsel for the petitioner, I am inclined to stay the operation of execution of warrant of arrest. However, I make it clear that it will not deter learned Trial Court in exercising his
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jurisdiction in favour or against the petitioner on his surrendering to the jurisdiction of learned Trial Court, while considering the prayer for bail.
Learned Trial Court will be at liberty to exercise his jurisdiction without being influenced by the observation of this Court.
With this observation the criminal revision is disposed of.
(Siddhartha Roy Chowdhury, J.)
2 issues framed by the court
Whether to stay the execution of arrest warrant pending surrender by the accused.
Whether the stay of arrest warrant would influence the trial court's decision on bail.
Bimal Barman
State
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
