In Re vs Tabrej Khan

Tirthankar Ghosh, J

This revisional application has been preferred in respect of the Order dated 14.11.2019 passed by the Learned Chief Judicial Magistrate, Alipore in connection with C. G. R Case No. 1591 of 2019 arising out of Ekbalpore P. S. Case No. 171 of 2019 dated 10.05.2019.

Learned advocate appearing for the petitioner submits that the warrant of arrest was issued at the first instance, when the Investigating Agency submitted a report under Section 173 of the Code of Criminal Procedure.

I find from the Order dated 01-10-2019 passed in CRM 9252 of 2019, wherein a Division Bench of this Court was pleased to reject the anticipatory bail of the petitioner and as such, warrant of arrest which was earlier issued on 14.11.2019 by the Learned C. J. M, Alpore is still pending.

Learned advocate appearing for the petitioner undertakes to surrender before the Court of the Learned Chief Judicial Magistrate, Alipore.

In view of the undertaking given by the learned advocate appearing for the petitioner, the warrant of arrest so issued by the learned court below is stayed till 7th February, 2020.

If the petitioner surrenders within 7th February, 2020, the learned Magistrate will be at liberty to consider the application for bail of the petitioner in accordance with law.

In case, the petitioner does not surrender before the court below by 7th February, 2020, the learned Magistrate would revoke the earlier order and the warrant of arrest would be alive from 8th February, 2020.

In view of the specific dates mentioned above, Criminal Section is directed to hand over the certified copy of this order to the petitioner after necessary formalities are complied with by the petitioner by 31st January, 2020.

With the aforesaid observations, the revisional application being CRR 288 of 2020 is disposed of.

Urgent Photostat certified copy of this order, if applied for, be made available to the petitioner upon compliance of all requisite formalities.