Najibur Hoque @ Najimul Rahaman v. State Of West Bengal
2020-02-06
JAY SENGUPTA
body2020
DigiLaw.ai
JUDGMENT Jay Sengupta, J. - This is an application challenging an order dated 6th April, 2019 passed by learned Judge, Special 2nd Court, Malda, thereby issuing warrant of arrest against the petitioner in POCSO No.136 of 2016. 2. Affidavit of service filed on behalf of the petitioner is taken on record. 3. Learned Counsel for the petitioner submits as follows : After being granted bail, the petitioner attended the court on several occasions. On a few occasion he was absent by petition. On 6th April, 2019 although an application under Section 317 Cr.P.C. was filed on behalf of the petitioner, none appeared to move the application at the time of call. Accordingly, a warrant of arrest was issued against the petitioner. He wants to join the proceeding at the earliest and undertakes that he shall be present before the learned Trial Court on all the next dates fixed for hearing. 4. Learned Counsel appearing on behalf of the State submits that the petitioner was in fact absent on several dates earlier, although by filing petitions on most occasions. 5. I have heard the submissions of the learned Counsels appearing on behalf of the petitioner and the State and have perused the revision petition. 6. It appears that an application under Section 317 Cr.P.C. was indeed filed on behalf of the petitioner on 6.4.2019. However, no one appeared to move the application. That is why the warrant of arrest was issued against him. 7. In view of the above and in the interest of justice, the warrant of arrest issued against the present petitioner is stayed for a period of four weeks from this date. The petitioner shall surrender before the learned Trial Court within four weeks from this date. In the event, the petitioner surrenders before the learned Trial Court within such time and prays for bail, his application shall be considered in accordance with law. 8. With these observations, the revision petition is disposed of. 9. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.