Calcutta High Court (Appellete Side)
Sadananda Roy & Anr vs Unknown on 28 October, 2021
28.10.2021
CRR 407 of 2004
Court No.6 with
Item No.12 CRAN 1 of 2021
Saswata/Ab In Re:- An application under Sections 482/397(1) of the Code of
Criminal Procedure.
And
In the matter of : Sadananda Roy & Anr.
...Petitioners
Mr. Sourav Chatterjee,
Mr. Abhijit Ganguly,
Mr. Shiladitya Banerjee.
...For the Petitioners
Mr. Swapan Banerjee,
Mr. Suman De.
... For the State
In Re : CRAN 1 of 2021
The parties are represented.
It is submitted on behalf of the petitioners that the petitioners
are aged about 74 and 53 years respectively. The petitioners were
convicted for offence punishable under Section 16(1)(a)(i) of the
Prevention of Food Adulteration Act by judgment dated 23rd April
2003 as against which the petitioners preferred an appeal, which
was also dismissed.
The petitioners filed this present revisional application under
Section 482 of the Code of Criminal Procedure and by an order dated
25th February 2004, this Court issued a Rule upon the opposite
parties and stayed the judgment and order dated 31st January 2004,
passed by the Learned Appellate Court (Learned Additional Sessions
Judge, 3rd Court, Suri, Birbhum) in Criminal Appeal No. 9 of 2003
till the disposal of the Rule.
The petitioners submit that the petitioners were all through
out diligent in conducting the present case and were unable to
contact their learned advocate due to prevailing pandemic since
March, 2020.
In view of the same, this Court, by an order dated 8th July
2021 dismissed the revisional application for default and vacated the
interim order granted earlier. As a consequence, the petitioners have
been arrested on 21st October 2021 and are languishing in custody
since then.
The State is represented and prays for necessary order.
The petitioners were convicted by the judgment and order
dated 23rd April 2003 and such conviction was affirmed by the
Learned Appellate Court on 31st January 2004. The present case was
filed in the year 2004 and was dismissed for default on 8th July
2021.
Having considered the material on record as well as the
submissions made on behalf of the parties, I am inclined to hold that
sufficient ground has been made out by the petitioners for not
appearing in the present case and as such, the revisional application
being CRR 407 of 2004 be restored.
Accordingly, the order dated 8th July 2021 is set
aside/cancelled. CRR 407 of 2004 is restored to its original file and
number.
As the petitioners were enjoying the interim order granted by
this Court all throughout till the application was dismissed for
default, the petitioners be released on interim bail forthwith upon
furnishing a bond of Rs.10,000 /- (Rupees Ten Thousand only) each,
with two sureties of equal amount each, one of whom must be local,
to the satisfaction of the learned Chief Judicial Magistrate, Suri,
Birbhum.
CRAN 1 of 2021 is disposed of accordingly.
The revisional application being CRR 407 of 2004 shall appear
before the regular Bench.
Urgent certified website copy of this order, if applied for, be
made available to the parties upon compliance of requisite
formalities.
(Suvra Ghosh, J.)
