CRA/520/2019
2022 Latest Caselaw 2274 Cal

21.4.2022
2
cm



                                   CRA 520 of 2019

            In Re : Badsa @ Chhatu Sk.
                                                 .... the appellant.

            Mr. Prabir Majumder
                                           .... for the appellant.
            Ms. Zareen N. Khan
                                           .... for the State.



                  Perused the report of the Department. Department has

            calculated the period of detention of the appellant as follows:

                  (I)    "Detention during investigation and trial: Four

                         months & three days i.e. from 23.07.2012 till

                         26.11.2012 (when he was released on bail by this

                         Court).

                  (II)   Post conviction detention: Two years, nine

                         months & eighteen days i.e. from 30.05.2019 till

                         07.03.2022.

                  However, in calculating detention during investigation

            and trial the department has not taken into consideration the

            fact that appellant after being released on bail in the present

            case on 23.07.2012 was arrested in connection with another

            case. Pursuant to production warrant issued by the trial court,

            he was produced before the trial court on 05.10.2013 and
                                  2




remained in judicial custody till delivery of judgment on

30.05.2019

i.e. for more than five years & seven months.

The aforesaid period would be set off against the

substantive sentence of the appellant in terms of Section 428

Cr.P.C. Accordingly, we are of the opinion the appellant has

served out substantive as well as default sentence imposed

upon him.

In view of the aforesaid, it is directed that the appellant

be forthwith released from custody if not wanted in any other

case.

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