Sekh Aftab Hossain @ Altab @ Halal ... vs The State Of West Bengal
2022 Latest Caselaw 3942 Cal

04.07.2022 Item No.62 Suman Ct.42

CRR 2206 of 2022

Sekh Aftab Hossain @ Altab @ Halal Sk.

Vs.

The State of West Bengal

Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ...for the petitioner

In connection with Keshpur Police Station Case

No.54 of 2002 dated 09.09.2002 (G.R. Case No. 1259

of 2002) the petitioner faced trial and was convicted

and sentenced. Against the judgment and order of

conviction and sentence passed on 9 th September,

2003 the petitioner preferred an appeal in the year

2005 before this Court. The appeal was unfortunately

not heard till 2018. In the meantime, in the year

2012 the petitioner came out of the correctional home

after serving entire period of sentence. In the year

2018 when the appeal filed by the petitioner being

C.R.A. 762 of 2005 was taken up for hearing no one

appeared on behalf of the appellant. The said appeal

was dismissed on the ground that the petitioner has

already served the entire period of sentence.

Subsequently, the order passed by the Appellate

Court was sent to the trial Court. The trial Court after

receiving the said order on 4th April, 2018 issued

warrant of arrest against the accused.

A report was called for from the correctional home.

The said report is reportedly submitted in the trial

Court but the Court below did not find time to go

through the report and recall the warrant of arrest.

The instant revisional application is admitted for

hearing.

The petitioner is directed to serve notice upon the

State of West Bengal through the learned Public

Prosecutor, High Court, Calcutta within three weeks

from the date.

Execution of warrant of arrest dated 4 th April, 2018

be stayed till disposal of the instant revisional

application.

(Bibek Chaudhuri, J.)