Disposed¶14

Samsad Ali v. State of West Bengal

Calcutta HC16 May 2024CRR/267/2024

Case brief

AI extract

What is this about?

C.R.R.267 of 2024; Samsad Ali v. State of West Bengal; Section 482 CrPC revision; warrant of arrest recall; absconding accused at arguments stage; Sessions Case No.1 of 2015; Rampurhat P.S. Case No.191 of 2012; Additional Sessions Judge Rampurhat Birbhum; continuation on same bail and bond; appearance deadline 30 May 2024; Section 82 CrPC harsher process; trial completion within three months; disposed of by Tirthankar Ghosh, J. on 16.05.2024.

What did the court decide?

Conditional recall of the warrant of arrest: if the petitioner appears by 30 May 2024 and records confirm he was earlier on bail, he may continue on the same bail and bond; arguments to commence within a fortnight of appearance and judgment within three months; failing appearance, trial court may resort to Section 82 CrPC process. ¶14

Samsad Ali Vs State of West Bengal — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the warrant of arrest issued against the petitioner for ceasing to attend the trial at the arguments stage should be recalled and the petitioner permitted to continue on his earlier bail.

¶7

Court's answer

If the learned Additional Sessions Judge, Rampurhat, Birbhum finds on inspection of the records that the petitioner was earlier on bail, he may allow the petitioner to continue on the same bail and bond and recall the warrant of arrest, provided the petitioner appears by 30 May 2024.

¶10

Ratio / Principle

The learned trial court is further directed to commence the arguments within a fortnight from the date of appearance of the petitioner and to take the case to its logical conclusion, with the judgment pronounced/delivered within a period of three months.

¶12

Key takeaways

If the petitioner does not appear before the learned trial court by 30 May 2024, the trial court is at liberty to issue a harsher process of law in accordance with Section 82 of the Code of Criminal Procedure.ratio¶13

Detailed headnote1 paragraphs

Samsad Ali v. The State of West Bengal, C.R.R.267 of 2024 (disposed of 16.05.2024, Tirthankar Ghosh, J.) - Revision application under Section 482 of the Code of Criminal Procedure against the warrant of arrest issued on 29.11.2023 by the learned Additional Sessions Judge, Rampurhat, Birbhum in Sessions Case No.1 of 2015 (arising out of Rampurhat P.S. Case No.191 of 2012), after the petitioner stopped attending the trial at the stage of arguments. The Court directed that if, on inspection of records, the petitioner is found to have been earlier on bail, the trial court may allow him to continue on the same bail and bond and recall the warrant, provided he appears by 30 May 2024; arguments are to commence within a fortnight of his appearance and the judgment is to be pronounced/delivered within three months; if he fails to appear by 30 May 2024, the trial court may issue a harsher process of law per Section 82 of the Code of Criminal Procedure.

¶1

D/L5 16.05.2024

¶2

C.R.R.267 of 2024

¶3

Bpg. In Re: An application under Section 482 of the Code of Criminal Procedure;

¶4

Samsad Ali Versus The State of West Bengal

¶5

Mr. Saibal Mondal Mr. Rajendra Banerjee Mr. Joy Chakraborty. …for the petitioner.

¶6

Mr. Debasish Roy, Ld.P.P. Mr. Saryati Dutta Mr. Saibal K. Dasgupta. …for the State.

¶7

The petitioner is aggrieved by the order dated 29.11.2023 wherein the learned Additional Sessions Judge, Rampurhat, Birbhum in Sessions Case No.1 of 2015 (arising out of Rampurhat P.S. Case No.191 of 2012) was pleased to issue warrant of arrest against the present petitioner.

¶8

Learned advocate for the State is represented.

¶9

Learned advocate for the petitioner undertakes that the petitioner would henceforth cooperate with the learned trial court.

¶10

Records reflect that the stage at which the petitioner stopped going to the court was at the stage of arguments. In case the learned Additional Sessions Judge, Rampurhat, Birbhum on inspection of the records find that the petitioner was earlier on bail, he may allow the petitioner to continue on the same bail and bond and the warrant of arrest so issued be recalled if the petitioner

¶11

¶12

appears by 30^th May, 2024. The learned trial court is further directed that the arguments of the case be commenced within a fortnight from the date of appearance of the accused petitioner and the same be taken to its logical conclusion with the judgment being pronounced/delivered within a period of three months from date.

¶13

In case the petitioner do not appear before the learned trial court by 30^th May, 2024, the learned trial court would be at liberty to issue harsher process of law by adhering the provisions of Section 82 of the Code of Criminal Procedure.

¶14

With the aforesaid observations, CRR 267 of 2024 is disposed of.

¶15

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

¶16

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

¶17

(Tirthankar Ghosh, J.)

Samsad Ali v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Samsad Ali v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sudhangsu Sekhar Das Vs State of West Bengal and Anr.

Hirak Mukherjee and Another Vs State of West Bengal and Anr.

Parbon Mukherjee @ Ujjwal Vs State of West Bengal and Anr.

Sajada Parveen @ Chandni Vs State of West Bengal and Anr.

M/S Raympire Trading and Hospitality Services LLP Vs State of West Bengal and Anr.

Malay Mandal Vs State of West Bengal and Ors.