Laxman Karmakar vs Unknown
2021 Latest Caselaw 4288 Cal

    02.
17.08.2021

bd.

CRA 104 of 2017

In the matter of : Laxman Karmakar ..... appellant

Mr. Saswata Gopal Mukherjee Ms. Debjani Sahoo

.....For the State

None appears on behalf of the appellant.

I have heard Mr. Saswata Gopal Mukherjee, learned Public

Prosecutor, assisted by Mrs.Debjani Sahoo, appearing on behalf of

the State.

In view of the order dated 18.03.2021 passed by a Co-

ordinate Bench of this Hon'ble Court a report dated 19.01.2021 by

the Superintendent, Dumdum Correctional Home, was furnished

and it appears that if the fine was paid, the appellant was

scheduled for release on 09.02.2021 and if the fine is not paid, he

would not be scheduled for release on 09.08.2021.

However, it is pointed out by Mr.Mukherjee that as per the

report if the fine is paid, the appellant was scheduled for release

on 09.02.2021 and if the fine is not paid, he would not be entitled

to release on 09.08.2021

Therefore, further report be called for from the

Superintendent, Dumdum Correctional Home as to whether the

fine has been paid or not. If the fine has been paid, whether the

appellant has been released from the correctional home or not.

The Assistant Registrar (Criminal Section) has submitted a

Report that L.C.R. has been received as per direction of this Court.

On scrutiny, certain defects have been found to the effect that

Exhibit 1, Exhibit- 7 and Exhibit - 11 have been received with the

record but there is no mention of Exhibits 8,9, and 10 in the order

sheet, the deposition or Judgment. Therefore, exhibit file is

apparently incomplete.

Let a report be called from the Trial Court in respect of the

exhibits not being noted in the exhibit list with the explanation of

the Trial Judge. Let a copy of this order be communicated to

learned Registrar (L & OM) for obtaining the report from the

Superintendent, Dumdum Correctional Home, and also from the

Additional Sessions Judge, 3rd Court, Barrackpore.

Report of the Assistant Registrar (Criminal Section) be kept

with the record.

List this matter on 24th August, 2021.

Place the entire Court record before the Ld. Registrar

Administration (L & OM) along with LCR for the purpose of

compliance.

(Shivakant Prasad, J.)