SAFIQUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the present application under Sec. 482 of the Code read with Art. 227 of the Constitution of India, learned advocate for the petitioner prays for stay of the warrant of arrest issued by the learned Chief Judicial Magistrate, Malda in compliance with the direction of the learned Sessions Judge, Malda. It is submitted by the learned advocate that vide order dated 20.8.2018 passed in Criminal Misc. Case No.2041 of 2018, the learned Sessions Judge granted interim bail to the petitioner and fixed 19.11.2018 for his appearance. As the petitioner failed to appear before the court on 19.11.2018, the learned Sessions Judge cancelled the interim bail granted to the petitioner and directed the Chief Judicial Magistrate, Malda to issue warrant of arrest against him. The Chief Judicial Magistrate, in turn, issued warrant of arrest against the petitioner vide order dated 23.11.2018.

(2.) The State is represented and leaves the matter to the discretion of the court.

(3.) Upon consideration of the submission made by both the parties as well as the material available on record, I am inclined to hold that the warrant of arrest issued against the petitioner is required to be stayed for a period of one week from this date subject to condition that the petitioner shall surrender before the learned Chief Judicial Magistrate, Malda within the said period of time. In default, the order of stay shall stand automatically vacated.