Calcutta High Court (Appellete Side)
Sujit Roy vs The State Of West Bengal on 29 July, 2022
Form J(1) IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
C.R.R. 2689 of 2022
Sujit Roy
Vs.
The State of West Bengal
For the petitioner : Mr. Debasis Kar, Adv.
Mr. Subhajit Chowdhury, Adv.
For the State : Mr. Saswata Gopal Mukherjee, Ld.P.P.
Mrs. Faria Hossain, Adv.
Mr. Anand Kesari, Adv.
Heard on : 29.07.2022
Judgment On : 29.07.2022.
Bibek Chaudhuri, J.
The following order is passed in continuation of the order
dated 28th July, 2022.
The instant revision has been filed by accused Sujit Roy in
custody with a prayer to give effect to the order dated 20 th July, 2022
passed by the learned Additional Sessions Judge, 2 nd Court at
Barrackpore, North 24-Parganas in Sessions Case No.46 of 2021
arising out of Titagarh Police Station Case No.548 of 2020 dated 5 th
October, 2020 under Sections 302/34/120B of the Indian Penal Code
and Sections 25/27 of the Arms Act.
On perusal of the order dated 20 th July, 2022 passed by the
learned Trial Judge, it is ascertained that the record of Sessions Case
No.46 of 2021 was put up before the learned Trial Judge on the basis
of an application filed on behalf of the accused/petitioner in custody.
The petitioner prayed before the Trial Court that his elder brother
passed away on 19th July, 2022 and the date of funeral of the said
elder brother of the petitioner was on 21 st July, 2022. The petitioner
prayed permission of the Trial Court to attend the funeral of his
deceased elder brother at Samastipur, Bihar. The said application
was allowed by the Trial Judge directing the Superintendent,
Barrackpore Special Correctional Home to take all steps for ensuring
attendance of the accused in the funeral of his elder brother at
Samastipur, Bihar with the help of police escort. However, the
petitioner was not taken to Samastipur to take part in the funeral of
his deceased elder brother as per order of the learned Trial Court, as
no police arrangement could be made by the Barrackpore Police
Commissionerate.
The petitioner has filed the instant revision for a direction upon
the police authority to comply with the order passed by the Trial Court
on 20th July, 2022.
It is also prayed on behalf of the petitioner at the time of
hearing of the instant revision that the police authority may be
directed to take necessary arrangements to ensure petitioner's
attendance during the last rites of his elder brother to be held on 30 th
July, 2022.
The learned Public Prosecutor draws attention of this Court to
the order dated 20th July, 2022 passed by the learned Trial Judge to
show that the order allowing the petitioner to attend the funeral of his
deceased elder brother was passed by the Court below without giving
any opportunity to the learned Public Prosecutor to submit as to
whether the State had any objection or not in this regard.
It is also submitted by the learned Public Prosecutor that the
petitioner wanted to attend funeral of his elder brother. There is no
prayer on behalf of the petitioner to attend last rites of his deceased
elder brother to be performed on 30th July, 2022.
No such prayer can be allowed without giving any opportunity
to the learned Public Prosecutor in the Trial Court.
It is also submitted by the learned Public Prosecutor that the
Investigating Officer has filed a report in this Court stating the nature
of the offence allegedly committed by the petitioner. The petitioner is
a professional sharp shooter. He committed a murder of a local
political leader, named Manish Shukla at Titagarh and fled away. He
was intercepted from Ludhiana after committing the offence. The
petitioner is involved in many other incidents of contract killing and
other organized crime. The police authority cannot take the risk to
take him to Samastipur, Bihar for his presence in the last rites of his
elder brother. Therefore, the instant revision may be dismissed
outright.
Having heard the learned Advocate for the petitioner and the
learned Public Prosecutor and on perusal of the order dated 20 th July,
2022, I am in agreement with the learned Public Prosecutor that the
petitioner never prayed before the Trial Court to allow him to attend
the last rites of his elder brother, since deceased. He prayed for his
attendance in the funeral of his elder brother.
The leaned Trial Judge allowed the prayer of the petitioner
without giving any audience to the prosecution. The petitioner cannot
claim as of right that when the police authority failed to take him to
Samastipur to attend the funeral his elder brother, he may be allowed
to attend last rites of his elder brother to be held on 30 th July, 2022.
I have duly considered the fact of the case and the police
report submitted by the Investigating Officer, CID, West Bengal.
Considering the objection made by the Investigating Officer,
CID, West Bengal, this Court is not inclined to allow the prayer of the
accused/petitioner as he is a seasoned and veteran criminal and a
gang member of a notorious criminal gang of contract killers headed
by accused Subodh Singh.
The instant revision, is, thus, misconceived and dismissed
summarily.
Reports submitted by the Investigating Officer be kept with the
record.
(Bibek Chaudhuri, J.)
Mithun De/
A.R. (Ct).
Sl No.5. D/L.
