An Application Under Section 374 ... vs Unknown
2021 Latest Caselaw 4013 Cal

   15.
30.07.2021

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ap CRAN 1 of 2021 In C.R.A. 222 of 2021 (Through Video Conference)

In the matter of: An application under Section 374 of the Code of Criminal Procedure filed on 14th July, 2015.

In the matter of: Huku Bhuinya.

..Appellant.

Mr. Pawan Kumar Gupta, Mr. Sougata Mitra, Ms. Sofia Nesar, Ms. Ankita Dey, Mr. Santanu Sett.

...... for the Appellant.

Ms. Sukanya Bhattacharya, Mr. Mirza Firoj Ahmed Begg.

.... for the State.

An application under Section 5 of the Limitation Act,

1963 is moved for condonation of delay of 507 days in

preferring the appeal.

The ground taken is that the judgment impugned was

passed on 20th December, 2019 convicting and sentencing

the appellant of the offence punishable under Sections

326/323/307 of the Indian Penal Code and was sentenced

to suffer Rigorous Imprisonment for five months and fine of

Rs.5,000/- with default clause.

It is pointed out that there is a delay of the said

period because of the COVID-19 Pandemic which prevailed

globally including this country and there was Lockdown

declared due to both waves of Pandemic and on the

restriction of movement imposed by the concerned

Government.

That apart, the appellant could not prefer the appeal

due to financial crisis.

Having heard learned counsel for both the sides, the

delay in preferring the appeal for a period of 507 days is

hereby condoned.

The application being CRAN 1 of 2021 is allowed.

The appeal is admitted.

Call for the records.

Issue usual notices.

Pending hearing of the appeal, let the realization of

fine be stayed.

There shall be stay of operation of the impugned

judgment and order dated 20th December, 2019 passed by

the learned Assistant Sessions Judge, Purulia in Sessions

Trial No. 03 of 2018 (Reg. S.T. No.07 of 2019) and S.C. No.

192 of 2017 (Reg. S.C. No. 192 of 2017) and the appellant

be released on bail to the satisfaction of the learned Chief

Judicial Magistrate, Purulia on a bond of Rs.5,000/- with

one surety.

Paper books be prepared within six weeks from the

date of receipt of the lower court records.

Urgent photostat certified copy of this order, if applied

for, be given to the parties on usual undertaking.

(Shivakant Prasad, J.)