Saroj Kumar Kisku vs Lakshman Prasad & Anr
2022 Latest Caselaw 5533 Cal

Court No. 33
Item 10
                                    CRR 860 of 2015
Ali            IA No. CRAN/1/2015 (Old No.: CRAN/938/2015)
17.08.2022

Saroj Kumar Kisku

-Vs-

Lakshman Prasad & Anr.

Ms. Sreyashee Biswas ...for the State.

None appears on behalf of the petitioner on call. No

accommodation has been sought for.

Ms. Sreyashee Biswas, learned advocate appearing on

behalf of the State submits that the petitioner was supposed to

deposit cost for bringing the Lower Court Record, however no

such cost has been deposited.

The petitioner was convicted in CR Case No. 478 of 2009

and was directed to pay a fine of Rs.2,10,000/-. The aforesaid

conviction and sentence was affirmed by learned Additional

Sessions Judge, Paschim Medinipur (re-designated court) in

Criminal Appeal No. 3 of 2014. Challenging the aforesaid

judgment and order of Additional Sessions Judge, the

petitioner has filed the present revision.

On 16.06.2022 in view of submissions made on behalf of

the petitioner, a direction was given to the petitioner to deposit

cost towards calling for the Lower Court Record of CR Case No.

478 of 2009. On 14.07.2022 when the matter was called on,

none appeared on behalf of the petitioner nor any steps in

terms of order dated 16.06.2022 was taken by the petitioner.

Today also the petitioner fails to take any step with regard to

calling for the Lower Court Record and depositing cost in

terms of order dated 16.06.2022. No document is forthcoming

showing deposit of cost by the petitioner in terms of the

aforesaid order.

Accordingly, the order dated 06.04.2015 suspending

impugned order dated 23.12.2014 of Additional Sessions

Judge in Criminal Appeal 3 of 2014, stands vacated and the

bail bonds furnished in terms of the said order stands

cancelled.

In view of aforesaid conduct of the petitioner and his

reluctance to pursue the revisional application, the learned

Judicial Magistrate, 2nd Court, Paschim Medinipur is directed

to execute the sentence passed by it in C.R. Case No. 478 of

2009 on 03.01.2014. The learned court is further directed to

take appropriate measures for execution of the sentence and

submit a report regarding the steps taken by it.

Let the copy of this order be sent to learned Registrar

(Judicial Service), High Court, Calcutta for information and

necessary compliance.

Let the matter appear in the list on 30.08.2022.

All parties to act on the server copy of the order duly

downloaded from the official website of this court.

(Bivas Pattanayak, J.)