Rintu Sk @ Laddhu vs State Of West Bengal
2021 Latest Caselaw 6562 Cal

22.12.2021 Item No.04 suman Ct.42 (Via Video Conference)

CRA 361 of 2021 With CRAN 1 of 2021

Rintu Sk @ Laddhu Vs.

State of West Bengal

Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly ....for the petitioner

Ms. Faria Hossain ..for the State

The instant appeal being filed after the expiry of the

period of limitation is coupled with an application under

Section 5 of the Limitation Act. The copy of the said

application has not been served upon the learned Public

Prosecutor, High Court, Calcutta.

Ms. Faria Hossain, learned P.P.-in-charge is requested

to take charge of the instant application and the appeal on

behalf of the State. The learned Public Prosecutor is

requested to regularize the appointment of Ms. Faria

Hossain in the instant case taking up the matter with the

learned Legal Remembrancer, Government of West

Bengal.

The application under Section 5 of the Limitation Act is

taken up for hearing. It is found from the report

submitted by the department that the appeal is barred by

limitation by 1369 days but on calculation this Court finds

that the appeal is barred by delay of 1339 days.

In his petition under Section 5 of the Limitation Act it is

submitted by the petitioner that after the sentence being

passed by the learned trial Judge he was sent to the

Correctional Home. Moreover, due to nation wide

lockdown as a result of Covid Pandemic he could not take

proper step to file an appeal assailing the judgment and

order of conviction and sentence passed in Sessions Trial

No.47 of 2015. Therefore, the appeal was filed after the

expiry of the period of limitation.

Learned P.p.-in-charge fairly submits that the grounds

stated by the petitioner for condonation of delay may be

accepted keeping in view the aspect of lockdown and

cessation of normal work during the said period.

Having heard the learned advocate for the petitioner

and the State, this Court is of the view that the petitioner

has been able to explain the delay in filing the appeal. He

was prevented by sufficient cause in filing the appeal

within the period of limitation.

Accordingly, the application under Section 5 of the

Limitation Act is allowed. Delay in filing the appeal is

condoned.

In re: CRA 361 of 2021

The appeal be admitted.

Issue usual notices.

Call for lower Court record.

Realization of fine amount be suspended till the disposal

of the appeal.

(Bibek Chaudhuri, J.)