Buddhadeb Guria @ Buddhadev Guria vs State Of West Bengal
2022 Latest Caselaw 249 Cal

BR 01.02.

9     2022
                                      CRA 7 of 2022
                                          With
                                     CRAN 1 of 2022

Buddhadeb Guria @ Buddhadev Guria

- vs-

- State of West Bengal

Mr. Amal Krishna Samantar, Mr.Mustak Ali, Mr. Subhas Jana .... For the petitioner

Ms. Faria Hossain ... for the State Mr. Sandip Chakraborty

This is an application under Section 5 of the Limitation Act filed by the appellant/petitioner praying for condonation of delay of 632 days in preferring the appeal.

Having heard the learned advocate for the petitioner

and the learned counsel for the State and on careful

perusal of the petition under Section 5 of the Limitation

Act, it is ascertained that the judgment and order of

conviction and sentence in connection with the instant

appeal was passed by the learned Additional Sessions

Judge, 3rd Court, Tamluk , Purba Medinipur on 26 th

February, 2020 and 27th February, 2020. It is submitted

by the petitioner that covid pandemic started from month

of March 2020 followed by lock down and disruption of

Court proceedings. Therefore, there was delay in filing the

appeal.

This Court is not unmindful to note that the

Supreme Court in suo motu writ application under

Article 32 of the Constitution explained the period of

limitation during the covid pandemic.

In view of such aspect of the matter delay in filing

the appeal is condoned. The memorandum of appeal be

restored to its file.

In Re : CRMSPL 7 of 2022

Appeal be admitted.

Issue usual notices.

Call for the records.

Realisaton of fine amount be suspended till the disposal of the appeal.

The appellant is at liberty to file appropriate application for confirmation of bail before this Court.

( Bibek Chaudhuri, J. )