Madhab Singha @ Madhab Chandra ... vs Unknown
2021 Latest Caselaw 5857 Cal

Court No.

CRR 2347 of 2021 Item 47 tbsr

26.11.

In the matter of:- Madhab Singha @ Madhab Chandra Singha & Ors.

Ms. Minoti Gomes, Mr. Imdadul Haque .....for the petitioners

Sub Section (2) of Section 374 of the Code of

Criminal Procedure provides that even if a co-accused is

convicted in the same trial for a sentence of

imprisonment of more than 7 years, then the other co-

accused can prefer an appeal before this Court. In the

present case, at least three co-accused were sentenced to

life imprisonment by the same judgment and order of

conviction and sentence.

Therefore, an appeal will lie instead of revision.

At this stage, the learned counsel for the

petitioners submits that his clients would not like to

press this application and in stead would prefer an

appeal before this Court.

On her prayer, the revisional application is

dismissed as not pressed.

The petitioner shall be at liberty to file an

appropriate application in this regard.

Urgent photostat certified copy of this order may be

supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)