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2026 DAILYLAW 43436 (CAL)

XXX v. STATE OF WEST BENGAL AND ANR

CRR/3941/2025 · 2026-09-21

Kausik Chanda

body2026

Judgment text

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Sl. No.45. 21.09.2026 Suman Ct. 237 CRR 3941 of 2025 With CRAN 1 of 2026 XXX Vs. The State of West Bengal & Anr. Mr. Devi Priya Mitra ..for the petitioner The present revisional application has been filed challenging an order dated July 31, 2025, passed by the learned Special Court and Additional Sessions Judge, 2nd Court at Alipore, whereby the learned Judge rejected an application for recalling witnesses. Learned advocate appearing for the petitioner submits that the learned Additional Sessions Judge had fixed the matter on May 12, 2026. On the said date, owing to the absence of the petitioner, the learned Sessions Judge issued a warrant of arrest against him. Learned advocate for the petitioner further submits that, on the said date, the petitioner was present within the Court premises; however, at the time of pronouncement of the judgment, he was not present inside the courtroom. It is, however, submitted that the petitioner is willing and prepared to surrender before the learned Sessions Judge. In view of the aforesaid submission, the warrant of arrest issued against the petitioner is stayed for a period of three weeks from date, subject to the condition that the petitioner shall surrender before the learned Sessions Judge within the said period. In the event the petitioner surrenders before the learned Sessions Judge within the stipulated period, any application for bail filed by him shall be considered and decided in accordance with law, without being influenced by this order. In the event the petitioner fails to surrender in terms of this order within the stipulated period, the warrant of arrest shall stand revived automatically, and the learned Sessions Judge shall be at liberty to execute the same in accordance with law. Accordingly, CRR 3941 of 2025 along with CRAN 1 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