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2026 DAILYLAW 32787 (CAL)

DILIP CHOWDHURY AND ANOTHER v. STATE OF WEST BENGAL AND ANR

CRR/3088/2026 · 2026-08-05

Kausik Chanda

body2026

Judgment text

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Sl. No.16 05.08.2026 Suman Ct. 237 CRR 3088 of 2026 Dilip Chowdhury and Another Vs. The State of West Bengal & Anr. Mr. Sabyasachi Chatterjee Mr. Rishabh Ahmad Khan Mr. Tirupati Mukherjee Mr. Sayed Hossain ..for the petitioners Mr. Kallol Mondal, ld. P.P. Mr. Subir Ganguly, Mr. Sandeep Prasad Shaw ..for the State The petitioners essentially challenge the order dated March 30, 2026, whereby a warrant of arrest was issued against them in connection with G.R. Case No. 1230 of 2023 (CIS No. 1495 of 2024), arising out of Barasat Police Station Case No. 212 of 2023 dated March 20, 2023, under Sections 420, 406 and 506 of the Indian Penal Code, pending before the learned Judicial Magistrate, 1st Court, Barasat, North 24 Parganas. It appears that the petitioners were granted bail in the aforesaid case on September 1, 2023. It has been submitted before this Court that, owing to the demise of the mother of the learned advocate representing the petitioners, there was a communication gap between the petitioners and their advocate. Consequently, the petitioners could not remain present before the learned Magistrate on the last three dates fixed for hearing. Learned counsel appearing for the State submits that the petitioners are willing to surrender before the learned Magistrate. In view of the aforesaid submissions, the warrant of arrest issued against the petitioners shall remain stayed for a period of one month from the date of this order, subject to the condition that the petitioners surrender before the learned Magistrate within the said period. In the event the petitioners surrender before the learned Magistrate within the stipulated period, any application for bail filed by them shall be considered and decided on its own merits and in accordance with law, without being influenced by any observations made in this order. In the event the petitioners fail to surrender within the aforesaid period, the warrant of arrest shall stand revived automatically, and the learned Magistrate shall be at liberty to execute the same in accordance with law. Accordingly, CRR 3088 of 2026 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.) 2 3