Biswajit Sarkar vs Biswarup Sarkar

The impugned order dated 27.8.2015 passed by the learned Judge, Special 2nd Court, Malda issuing Warrant of Arrest against the accused person is subject of challenge in this revisional application.

According to learned lawyer for the revisionist, accused was all along on bail. From the certified copy of order of the lower court record, annexed with the revisional application, it appears that charge-sheet against the revisionist accused has already been submitted on 22.6.2015 under Sections 363/366A/376(2)(i) of I.P.C. read with Section 4 of POCSO Act. Cognizance of the offence has already been taken by the Special Court. Now the Court is to proceed with the trial.

Learned advocate Mr. Binoy Kumar Panda is present and undertakes to represent the State in this case. This Court requests to Mr. Panda to present the defence for the State. His appointment accordingly in this case may be regularized by passing necessary order.

According to learned advocate representing the State, since bailable Warrant was issued against the accused long before in a case of misuse of liberty, the same should be taken care of, if any necessary direction to surrender before the learned court below is recorded.

It is evident from the case record that Warrant of Arrest was issued on 27.8.2015 against the revisionist accused. It was bailable Warrant of Arrest conspicuously issued against the accused. It is surprising to note that in spite of Warrant being issued against revisionist accused with bail of Rs.1,000/-, the revisionist accused did not find himself convenient to surrender before the learned court below and obtain bail accordingly in compliance of the order of the court below. However, it is a pure case of misuse of liberty. When this accused was previously on bail, the purpose of justice will be best served by passing the following directions.

The impugned order issuing Warrant of Arrest in connection with POSCO Case No.83/15 of Learned Judge, Special Court-2, Malda be stayed subject to the condition that the revisionist accused shall surrender before the learned court below within fortnight. If any bail petition is submitted upon surrendering before the learned trial court, the same shall be disposed of in accordance with law giving sufficient opportunity to prosecution.

With this observation, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.