Haroon Ali Molla vs The State Of West Bengal
2022 Latest Caselaw 1036 Cal

    14
7.3.2022
     sb
ct. no. 35

                                    CRA 105 of 2007
                                  (Via video conference)


                                    Haroon Ali Molla
                                           Vs.
                                 The State of West Bengal



                   The appeal is listed today for hearing.

                   None appears for the appellant and the State/respondent.

This appeal has preferred against a judgment of conviction

and sentence passed against the appellant on 22.12.2006 in

Sessions trial no. 3(4) of 2005 arising out of Sessions case no.

74(2) of 2005, wherein the appellant was convicted for the

offence under Section 395 of the Indian Penal Code and he was

sentenced to rigorous imprisonment for seven years and a fine of

Rupees five thousand, in default, to suffer rigorous

imprisonment for one year. Co-accused persons Raju Jana and

Sk. Gaffar @ Kalia have served their sentence in Central

Correctional Home, Alipore. They did not prefer any appeal. The

present appellant had prayed for Bail before this Court but the

same had been rejected on 27.3.2009. It is presumed that the

appellant was also undergoing his sentence and has been

released from the correctional home, Alipore.

The department is directed to call for a report from the

Superintendent, Central Correctional Home, Alipore and also

from Anti Dacoity and Robbery Section, D.D, Lalbazar, Kolkata

as to whether the appellant, Harun Ali Molla has served his

sentence in the Correctional home in the meantime.

The report reveals that the notice could not be served

upon the appellant at the given address as a multistoried

building has been built at the place where the accused was

residing earlier.

Let the matter be adjourned and fixed on 18th May, 2022

for compliance.

(Ananda Kumar Mukherjee, J.)