Chandan Das vs Unknown
2021 Latest Caselaw 4049 Cal

03.08.2021 Item no.8 Ct. No.34 CHC C.R.R. No.1290 of 2012

(Via Video Conference)

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

AND

In the matter of:-

Chandan Das ... petitioner

Mr. Soumik Ganguli ...for the petitioner

Mr. Saswata Gopal Mukherji, Ld. P.P. Mr. Arijit Ganguly ...for the State

The present revisional application was preferred against the

order of dismissal by the learned Additional Sessions Judge, 2 nd

Court, Bankura, in Criminal Appeal No.5 of 2011.

Records reflect that the present petitioner was held guilty for

commission of offence punishable under Sections 279 and 304A

of the Indian Penal Code and was sentenced as follows:

i) rigorous imprisonment for two months for the offence

punishable under Section 279 of the Indian Penal Code,

ii) rigorous imprisonment for six months for the offence

punishable under Section 304A of the Indian Penal

Code.

Records reflect that the offence was committed on 14.04.2006.

In view of the judgment of the Hon'ble Apex Court in case of

Trilok Chand vs. State of Himachal Pradesh reported in (2020)

10 SCC 763, I am of the view that no fruitful purpose would be

served by sending the petitioner to jail at this stage after 15 years

of incident. As such, the sentence so awarded be converted into

fine.

The petitioner is directed to deposit a fine of Rs.5,000/- with

the learned Chief Judicial Magistrate, Bankura by 03.09.2021 in

the alternative, the original sentence so affirmed by the learned

sessions court would revive.

With the aforesaid observations C.R.R.1290 of 2012 is

disposed of.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act in terms of copy of this order downloaded

from the official website of this Court.

(Tirthankar Ghosh, J.)