Budhin Soren vs Unknown
2021 Latest Caselaw 4225 Cal

12.08.2021
  S.D.
   04.
                                           CRA 66 of 2014
                                     (Through video conference)

             In Re: - An Appeal under Section 374(2) of the Code of Criminal
             Procedure, 1973.
                                          And

             In the matter of: Budhin Soren
                                                                ....Appellant.

                  Mr. Dipanjan Dutt                    ...For the Appellant.

                  Ms. Baisali Basu                     ...For the State.

                   The Assistant Registrar by his report dated 30.1.2021 reported that

             the appeal is not in time, but in form and no application formally filed

             for condonation of delay. Since the appellant is very poor and unable to

             bear the cost of the appeal, Mr. Dipanjan Dutt, learned Advocate has

             been appointed from the panel of the High Court Legal Services

             Authority vide order dated 27.7.2021.

                   I have heard Mr. Dipanjan Dutt, learned Advocate for appellant

             who submits that the appellant while was in custody to serve out

             sentence, a jail appeal was preferred on the ground that the judgment

             and conviction and sentence is against the weight of evidence on record

             as there are various glaring omission, contradiction and discrepancy in

             the evidence and the petitioner pleaded not guilty though by now he has

             already served out the sentence.

                   It is really painful to see that the appeal was preferred on behalf of

             the appellant by a Memo No. 13/W.O. dated 17.1.2014 of Superintendent
                               2




of Balurghat Correctional Home but none appeared for admission of

appeal.

       Having heard Mr. Dutt, learned Advocate for the appellant and in

consideration of the judgment impugned, this Court finds arguable

grounds.

       Accordingly, the appeal is admitted.

       The Lower Court Records be called for immediately through a

Special Messenger within a week and Paper Book be made ready within

two days from the date of receipt of the Lower Court Records.

       Usual notice be issued to the respondent State through learned

Public Prosecutor, High Court. However, Ms. Baisali Basu, learned

Advocate who generally appears on behalf of the State is present and this

Court appoints her to represent the State in the matter so as to expedite

the appeal.

Let the order be communicated to the learned Public Prosecutor,

Calcutta High Court for regularization of her appointment.

A copy of the order be communicated to the learned Registrar

Administration to see that the above direction is complied with and is

placed on the date fixed facilitating the Court to hear out the appeal on

its merit.

List the matter on 23.8.2021.

(Shivakant Prasad, J.)