Hariram Paswan @ Hari & Anr vs Unknown
2022 Latest Caselaw 2954 Cal

18.05.2022.

08. Ct.No.28 as

C.R.A. 366 of 2021

In Re: An application under Section 374(2) of the Code of Criminal Procedure.

In the matter of : Hariram Paswan @ Hari & Anr.

... Appellants.

Mr. Debasish Roy, Mr. Avik Ghatak, Ms. Afreen Begum, Mr. Amit Ranjan Pati.

...for the Appellants.

Mr. Debasish Roy, learned Advocate appearing for the

appellants submits although the judgment and order of

conviction and sentence was delivered in court on 5.10.2021

and 8.10.2021, no free copy of the said judgment and order

was handed over to the appellants in terms of Section 353 (4)

of the Code of Criminal Procedure.

We are informed copy of the judgment had also not

been uploaded in the website of the court. Although certified

copy was applied for, the same was made available only on

13.1.2022 after a Bench presided over by the Hon'ble the

Chief Justice vide order dated 04.1.2022 had requisitioned

the original records before this Court.

In order to ascertain whether such distressing state of

affairs is correct, we call upon the trial judge to submit a

report whether the statutory requirements under sub section

(4) of Section 353 of the Code of Criminal Procedure was

complied with in this case. The judge concerned shall also

explain why the judgment was not properly uploaded in the

website of the court and certified copy of the said judgment

was not made available to the appellants till 13.1.2022.

Report shall be filed before this court by the adjourned

day.

Let this matter appear one week after ensuing summer

vacation.

In the meantime certified copy of the judgment and

order has been placed on record.

The appeal is admitted.

Issue usual notices.

Liberty to pray for suspension of sentence/bail upon

notice to the State through the learned Public Prosecutor,

High Court, Calcutta.

Department is directed to communicate this order to

the trial judge for due compliance.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)