Sri Ashoke Chowdhury @ Jhantu vs The State Of West Bengal
2022 Latest Caselaw 875 Cal

25.02.2022 S/L No.7 KS (Via Video Conference) C.R.A. 405 of 2001 Sri Ashoke Chowdhury @ Jhantu

-Vs.-

The State of West Bengal

Mr. Pratick Bose .....For the State

This appeal is listed today for hearing and for appearance of

the appellant, Sri Ashoke Chowdhury @ Jhantu son of late Ashis

Chowdhury of Railway Jhupri, New Barrackpore, Police Station-

Khardah.

None appears for the appellant.

Administrative Report is filed by Section Officer enclosing

report of Bijoy Kumar Ghosh, Officer-in-Charge, New Barrackpore

Police Station, Barrackpore Police Commissionerate. It appears from

the report dated 25.02.2022 that the convict/appellant was not found

at the given address. Report is taken on record.

Mr. Pratick Bose, learned advocate appears for the State and

submits that the appellant filed this appeal under Section 374(2) of

the Code of Criminal Procedure assailing the judgment and order

dated 23.08.2001 where he was convicted for the offence under

Section 395 and sentenced to R.I. for seven years and to pay fine of

Rs.500/-, in default, to suffer R.I. for three months. In this appeal, the

convict was granted bail by this Court on 22.05.2003. Since, the

appellant/convict is un-represented and has left his place of

residence, his bail may be cancelled and warrant of arrest may be

issued against him.

Perused the case record.

On 22.05.2003 the convict was granted bail to the satisfaction of

the Learned Chief Judicial Magistrate, Alipore with a further

condition that the appellant after release shall give attendance at the

nearest police station every alternate day for a period of six months.

In my considered view, the appellant may have been released

on bail to the satisfaction of Learned Chief Judicial Magistrate,

Alipore. Therefore, a report be called from the Learned Chief Judicial

Magistrate, Alipore whether the accused/convict has been released

on bail as per order dated 22.05.2003 and further direct the sureties, if

any, to produce the accused person.

Let the appeal be adjourned and fixed on 20.04.2022 for

compliance report from Learned Chief Judicial Magistrate as to

whether the accused person has been released on bail and for further

order.

Let a copy of this order be sent to Learned Chief Judicial

Magistrate, Alipore for due compliance.

(Ananda Kumar Mukherjee, J.)