Aloke Kumar Dey @ Apu vs Unknown
2021 Latest Caselaw 5960 Cal

30.11.2021 Item No.03 suman Ct.42 (Via Video Conference)

CRA 287 of 2021 With CRAN 2 of 2021

In the matter of: Aloke Kumar Dey @ Apu

Mr. Mazhar Hossain Chowdhury ...for the appellant

Mr. Navanil De ...for the State

This is an application under Section 5 of the

Limitation Act filed by the convict/petitioner

praying for condonation of delay of 828 days in

preferring an appeal before this Court against the

judgment and order of conviction and sentence

dated 21st February, 2019 and 22nd February,

2019 respectively.

I have heard the learned advocates for the

petitioner and the State of West Bengal.

On careful perusal of the petition under

Section 5 of the Limitation Act it is found that the

petitioner has shown sufficient cause for his

delay in filing the appeal in paragraph 7 and 8 of

the petition. Therefore, I am of the view that the

delay should be condoned. Accordingly, delay is

condoned. The application under Section 5 of

the Limitation Act is, thus, allowed.

In Re: CRA 287 of 2021

The appeal is admitted.

Issue usual notices.

Call for lower Court record.

Realization of fine amount be suspended till

disposal of the appeal.

The appellant is at liberty to file an

application for bail, if so advised.

(Bibek Chaudhuri, J.)