Calcutta High Court (Appellete Side)
Tapan Das @ Tapan Kumar Das vs Unknown on 19 May, 2022
19.05.2022
Srimanta
IA No.:CRAN/1/2022
in
CRA/66/2021
In Re : An application under Section 374(2) of the Code of
Criminal Procedure, 1973.
In the matter of : Tapan Das @ Tapan Kumar Das
...appellant.
Mr. Manjit Singh, Adv.,
Mr. Gaganjyot Singh, Adv.,
Mr. Biswajit Mal, Adv.
...for the applicant.
Mr. Billwadal Bhattacharya, Ld. A.S.G.,
Mr. Kallol Mondal, Adv.,
Mr. Amajit De, Adv.
...for the CBI.
One Tapan Das @ Tapan Kumar Das filed
CRA/185/2018 assailing the judgment and order of conviction
and sentence passed in Special Case No. 12/2001 by the
Learned Judge, CBI Court (Special) at Alipore. The said
appeal was disposed of by a judgment dated 20th November,
2019 by a Coordinate Bench holding, inter alia, that the
accused persons/appellants were not examined properly
under Section 313 of the Code of Criminal Procedure.
Therefore, Trial Court was directed to re-examine the accused
persons/appellants under Section 313 of the Code of Criminal
Procedure and then to pass a fresh judgment upon hearing
the Learned Counsels for the parties. In the said judgment
the Learned Appellate Court passed an order directing the
Trial Court to consider the application for bail of the present
petitioner afresh, once he is produced before the Court a fixed
deposit receipt amounting to Rs.10 Lakhs and original title
deed in respect of a property worth Rs.50 lakhs as bonds for
the bail to be passed by the Trial Court.
The brother of the petitioner, namely Debabrata Das
filed fixed deposit of Rs. 10 lakhs and the mother of the
petitioner filed a deed in respect of their residential house
worth more than Rs.50 Lakhs. Accordingly, the Learned Trial
Court granted bail to the petitioner on 30 th November, 2019.
Subsequently, in Special Case No. 12/2001 the accused
persons were examined under Section 313 of the Code of
Criminal Procedure and fresh judgment was passed convicting
the accused for the offence committed under Sections
420/120B of the Indian Penal Code and sentencing him to
suffer rigorous imprisonment for two years with fine and
default clause. After delivery of the judgment and passing of
the order of conviction and sentence, the Learned Special
Judge passed an order of interim bail under Section 389(3) of
the Code of Criminal Procedure. The appellant/petitioner filed
fresh bond and obtained an order of bail.
It is submitted by Mr. Singh, Learned Advocate for the
appellant/petitioner that after the delivery of judgment and
granting bail under Section 389(3) of the Code of Criminal
Procedure the old bond accepted in Special Case No. 12/2001
on 2nd December, 2019 in pursuance of the order dated 20 th
November, 2019 is automatically discharged. Therefore, the
surety, being the brother of the petitioner has prayed for
returning the fixed deposit certificates in favour of him.
Mr. Singh also submits that during the pendency of the
case the mother of the petitioner, namely, Kajol Rani Das
expired leaving behind the petitioner, Debabrata Das and
three other persons as her legal heirs and representatives.
The said legal heirs and representatives had sworn an
affidavit stating that the deed in respect of the house
property in the name of their deceased mother may be
handed over to Debabrata Das. However, the said Debabrata
Das could not file an application before the Learned Special
Judge praying for return of the said fixed deposit certificate
and the deed of the house property because before filing such
certificate the lower Court record was transmitted to this
Court in connection with the instant appeal being
CRA/66/2021.
Now by filing the applicant, Debabrata Das has prayed
for return of the aforesaid documents.
I have heard Mr. Manjit Singh, Learned Advocate for the
applicant and Mr. Mondal, Learned Advocate for the CBI.
There is no iota of doubt that the previous bail bond which
was filed after Special Case No. 12/2001 was sent to the Trial
Court on remand, has lost its force. The petitioner is enjoying
the liberty of bail on the basis of an order dated 30 th January,
2021 which was confirmed by this Court on 16th March, 2021.
Therefore, the Section Officer, Criminal Appeal Department is
directed to hand over the fixed deposit certificates and the
deed to Debabrata Das on production of an affidavit sworn by
all the legal heirs of deceased, Kajol Rani Das and due
verification thereof.
The instant application is, accordingly, disposed of.
(Bibek Chaudhuri, J.)
Later
Mr. Singh has filed an affidavit sworn by all the legal
heirs of Kajol Rani Das, Since deceased. Let it be kept with
the record.
( Bibek Chaudhuri, J. )
