Tapan Porel vs The State Of West Bengal
2021 Latest Caselaw 4055 Cal

03.08.2021 Ct.42 Sl..1 KS (Via Video Conference)

CRA 83 of 2016 Tapan Porel

-Vs.-

The State of West Bengal

Mr. Ujjal Kumar Roy .....For the Appellant Mr. Saswata Gopal Mukherrjee Mr. Imran Ali Mr. M. F. A. Begg .....For the State

In compliance of this Court's order dated 29.07.2021 the report

of the Superintendent, Burdwan Central Correctional Home dated

29.07.2021 is placed before this Court through learned Registrar

Administration (L & OM)-in-Charge and same be kept on record.

Report reveals that the appellant was convicted and sentenced vide

order and judgment 27/29.01.2016 respectively passed by the learned

Additional District & Sessions Judge, Chandernagore, Hooghly in

Sessions Trial No.15/11, Sessions Case No.50/11 and he was committed

to Chanderngore Sub-Correctional Home on 27.01.2016 and,

subsequently, he was transferred to the Correctional Home and has

served his sentence period from 27.01.2016 to 29.07.2021 i.e. five years

six months three days, as on the date of the report. But the report does

not reflects pre-trial detention undergone by the appellant which is

required to be set off under the provisions of Section 428 of the Code

of Criminal Procedure.

It is submitted by Mr. Ujjal Kumar Roy, learned counsel

appearing for the appellant that the history relating to the pre-trial

detention and remission period is required to be obtained from

Superintendent, Burdwan Central Correctional Home.

Accordingly, the Superintendent, Burdwan Central Correctional

Home is directed to submit detailed report stating the total number of

period undergone by him after set off of pre-trial detention as well as

remission period.

Let a copy of this order be sent to the learned Registrar

Administration (L & OM) to obtain the report and to place the same on

the date fixed.

Let the matter be listed on 09.08.2021 under the heading "To Be

Mentioned".

(Shivakant Prasad, J.)