Susanta Kumar Sen vs The State Of West Bengal
2022 Latest Caselaw 798 Cal

23.02.2022
S/L No.13
KS                                     (Via Video Conference)
                                         C.R.A. 73 of 1991

                                       Susanta Kumar Sen
                                                -Vs.-
                                      The State of West Bengal


                                              Mr. Y. J. Dastoor
                                              Mr. Phiroze Edulji
                                              Mr. Samrat Goswami
                                                                 .....For the C.B.I.




                   The appeal is listed today for execution of warrant of arrest

             against the appellant.

                   Mr. Y. J. Dastoor, learned Additional Solicitor General appears

             before the Court.

                     Mr. Samrat Goswami, learned advocate appears through

             virtual mode.

                   As per order dated 08.12.2021 warrant of arrest was issued

             against the appellant by Judge, 4 th Special Court, Kolkata.    It is

             reported that the execution was not possible due to death of the

             appellant, Susanta Kumar Sen. The xerox copy of the death certificate

             has been attached and the same be kept with the record.
                                     2




     Learned advocate for the C.B.I submits that an opportunity may

be given to C.B.I. to find out from the legal heirs of the appellant as to

who wants to contest the appeal or to pay the find amount of Rs.500/-

      On perusal of the Memo of Appeal, it appears that the C.B.I.

was not impleaded as a respondent and the question would now

arise as to whether after demise of the appellant such alterations can

be done in this Memo of Appeal or the sentence amount may be

realized from the legal heirs on the basis of the judgment passed by

the Special Court.

Let the matter be adjourned and fixed up on 09.03.2022 for

hearing.

(Ananda Kumar Mukherjee, J.)