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2026 DAILYLAW 41234 (CAL)

KARAN HEMBRAM @ HEMBROM @ KARAN MIRDHA v. STATE OF WEST BENGAL AND ANR

CRR/1508/2026 · 2026-09-16

Kausik Chanda

body2026

Judgment text

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16.09.2026 Item no. 22 Ct. No.237 AKG C.R.R. 1508 of 2026 Karan Hembram @ Hembrom @ Karan Mirdha Vs. The State of West Bengal & Anr. Mr. Abhimanyu Banerjee, Mr. Arnab Saha, Mr. Abdul Nooman …for the Petitioner Mr. Kallol Mondal, Ld. P. P. Mr. Subir Ganguly, Mr. Sandeep Prasad Shaw …for the State The petitioner challenges the order dated August 18, 2025, whereby he was declared a proclaimed offender by the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum, in General Register Case No. 986 of 2025, arising out of Rampurhat Police Station Case No. 201 of 2025 dated April 28, 2025, under Sections 103(1)/61(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023, corresponding to Sections 302/120B/34 of the Indian Penal Code, 1860, pending before the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum. Learned advocate appearing for the petitioner has drawn the attention of this Court to the order dated July 17, 2025, and submitted that the learned Magistrate ought not to have issued the orders of proclamation and attachment simultaneously. It is further submitted that the requisite period of thirty days between the issuance of the proclamation and the declaration of the petitioner as a proclaimed offender was not maintained in the present case. 2 I am of the view that the learned Magistrate could not have issued the orders of proclamation and attachment simultaneously without recording a satisfaction that the petitioner was about to dispose of his property or remove the same from the local jurisdiction of the Court. It further appears that the order of proclamation and attachment was issued on July 17, 2025, whereas the petitioner was declared a proclaimed offender on August 18, 2025. It also appears that the proclamation was published on July 24, 2025. Thus, the requisite period of thirty days was not maintained in the present case. Having regard to the fact that the petitioner has not yet surrendered before the learned Court below, this revisional application is disposed of with the following directions: The order of proclamation and attachment passed by the learned Magistrate on July 17, 2025, shall remain stayed for a period of two months from date. The petitioner shall be at liberty to surrender before the learned Magistrate within the aforesaid period. In the event the petitioner surrenders before the learned Magistrate within the stipulated period, the learned Magistrate shall consider his prayer for bail in accordance with law. In the event the petitioner does not surrender before the learned Magistrate within the stipulated period, the learned Magistrate shall be at liberty to execute the order in accordance with law. 3 This order shall not preclude the petitioner from availing himself of any other remedy available to him in accordance with law. Accordingly, CRR 1508 of 2026 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)