CRA/120/2021
2022 Latest Caselaw 2270 Cal

21.04.2022
 Sl. No.5
   akd
                                             C. R. A. 120 of 2021
                                             (CRAN 1 of 2021)

             In Re : An application for admission of appeal under Section 372 of the
             Code of Criminal Procedure, 1973 filed on 11.03.2021 :

                                                    A N D

             In Re : Bidhan Kumar                            ... Appellant


                        Ms. Afreen Begum
                        Mr. Saibal Krishna Dasgupta
                                                 ... ... for the appellant

                        Mr. Pawan Kr. Gupta
                        Mr. Surojit Singh
                                                      ... ... for opposite party nos.2 to 7

                        Mr. Manoranjan Mahata
                                                      ... ... for the State


                            Learned advocate appearing for the appellant submits the

             judgment and order of acquittal was passed on 18.02.2020. Thereafter

             due to pandemic conditions, the Apex Court had directed in Suo Motu

             Writ Petition (Civil) No.3 of 20201 that for computation of period of

             limitation for any suit, appeal, application or proceeding, the period from

             15.03.2020 to 14.03.2021 shall stand excluded and any appeal may be

             filed thereafter within 90 days from the aforesaid date.

                            In view of the aforesaid direction of the Apex Court, we are of

             the opinion the appeal has been filed within time.

                            With these observations, the application for condonation of

             delay being CRAN 1 of 2021 is disposed of.



                            The appeal is admitted.

                            Call for the records.


             1
                 Order dated 15.03.2020
                                        2




          In view of the fact, respondents are represented before this

court through their learned advocate, notice of appeal is dispensed with.

Opposite party nos.2 to 7 herein shall appear before the trial

court within fifteen days from date and upon their appearance they shall

be released on bail to the satisfaction of the trial court till the disposal of

the appeal failing which the trial court shall issue bailable warrants

against the opposite party nos.2 to 7 herein to ensure their attendance in

accordance with law.

Paper books be prepared within eight weeks from the date of

receipt of the lower court records.

Liberty to mention.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)