CRA (DB)/88/2022
2022 Latest Caselaw 2864 Cal

13.05.2022 Sl. No.12 akd C. R. A. (DB) 88 of 2022 (CRAN 1 of 2022)

In Re : An application for admission of appeal under Section 374(2) of the Code of Criminal Procedure, 1973 filed on 06.05.2022 :

A N D

In Re : Arvind Kumar Shaw ... Appellant (In jail)

Mr. Arun Kumar Ghosh ... ... for the appellant

Mr. Pratick Bose ... ... for the State

Although the Department has submitted a note that the

appeal is beyond the period of limitation, we find the impugned

judgment and order was delivered on 25.11.2020.

Appeal has been preferred on 10.05.2022 i.e. within 90

days from 01.03.2022. In view of the directions given by the Apex

Court in the order dated 10th January, 2022 in Suo Motu Writ Petition

(C) No.3 of 2020 [Miscellaneous Application No. 21 of 2022 in

Miscellaneous Application No. 665 of 2021; In Re: Cognizance for

Extension of Limitation], the appeal appears to be within time.

The application for condonation of delay being CRAN 1 of

2022 is accordingly, disposed of.

The appeal is admitted.

Call for the records.

Issue usual notices.

Liberty is granted to the appellant to apply for suspension of

sentence/bail upon notice to the State, through the learned Public

Prosecutor, High Court, Calcutta.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)