SK. SAIFUDDIN @ GAYA v. THE STATE OF WEST BENGAL AND ANR
CRR/1158/2026 · 2026-08-24
Ajoy Kumar Mukherjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34180 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34180 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
09 24.08.2026 Court No.29. (D.Hira)
CRR 1158 of 2026
Sk. Saifuddin @ Gaya Vs. The State of West Bengal & Anr.
Mr. Sabyasachi Chatterjee, Mr. Akashdeep Mukherjee, Mr. Badrul Karim …for the petitioner
1. The petitioner herein is aggrieved with the order dated 9th December, 2025 by which the warrant of arrest has been issued against the sole accused/petitioner.
2. Being aggrieved by the aforesaid order, learned counsel appearing for the petitioner submits that due to wrong posting of the date by the learned counsel of the court below, the petitioner could not appear before the learned Court below, who without giving any opportunity to the surety to produce the accused person has issued the warrant of arrest against the petitioner by going against the statutory provision of law.
3. Learned counsel for the petitioner made a humble prayer that liberty may be given to the petitioner so that he may surrender before the learned Court below.
4. Having heard learned counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made in the petition, the opposite parties will have no cause to prejudice. As such, service of copy
2 of application upon the opposite parties are hereby dispensed with.
5. Having considered the submissions made on behalf of the petitioner, the instant application being CRR No. 1158 of 2026 is hereby disposed of, by giving liberty to the petitioner to surrender before the learned Court below within a period of two weeks and in the event of such surrender, the prayer of the petitioner shall be disposed of in accordance with law without being influenced by any observation made herein.
6. The impugned order dated 9th December, 2025 by which the warrant of arrest was issued by the Court below shall remain stayed for a period of two weeks or till the petitioner surrenders before the Court below, whichever is earlier.
7. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)