Samiran Banerjee And Ors vs State Of West Bengal
2022 Latest Caselaw 292 Cal

03.02.2022 Item No.13 suman Ct.42 (Via Video Conference)

CRA 9 of 2022

Samiran Banerjee and Ors.

Vs.

State of West Bengal

Mr. Shibaji Kumar Das Ms. Rupsa Sreemani ..for the petitioner

At the time of hearing of admission of appeal it is

submitted by Mr. Das, learned advocate that the appellant

may be permitted to withdraw the instant appeal with liberty

to file the same before the learned Sessions Judge at

Barasat.

The prayer is considered and allowed.

The instant appeal be treated as disposed of as

withdrawn.

The learned advocate for the appellant is at liberty to

collect the certified copy of the impugned order of conviction

and sentence from the department forthwith.

If any appeal is filed before the learned Sessions Judge by

the appellant, it is requested that the learned Sessions

Judge shall take a pragmatic view while disposing of an

application for condonation of delay, if any, in preferring the

appeal that the appellant with due diligence had proceeded

with the instant appeal before this Court, though out of

inadvertence without considering the petition of Section

374(2) of the Code of Criminal Procedure.

Interim bail granted to the accused on the date of delivery

of judgment and order of conviction and sentence by the

learned Magistrate in G.R. Case No.108 of 2005 be extended

till 28th February, 2022.

(Bibek Chaudhuri, J.)