Ramkrishna Bhandari vs Unknown
2023 Latest Caselaw 2657 Cal

                                           CRA (DB) 101 of 2023
 50    18.04.2023
(AD)                 In Re: - An application under Section 372 of the Code of Criminal
       Court No.29   Procedure, 1973.
                                                    And
                     In the matter of: -Ramkrishna Bhandari
                                                                          ...Appellant.
                     Mr. Bitasok Banerji
                     Mr. Apurba Kumar Datta
                                                                  ... for the Appellant.

                         Leave granted to the learned Advocate-on-record for the

                     appellant to correct the cause-title.

                        Appellant seeks to prefer an appeal against the judgment of

                     acquittal in respect of some of the co-accuseds and a judgment of

                     conviction under Section 304 of the Indian Penal Code, 1860 when

                     according to the appellant; the conviction should be under 302

                     thereof.

                        According to the appellant, there is an injured eye-witness who

                     implicates all the accused persons in the murder. Such evidence

                     was overlooked by the learned Trial Judge.

                           In such circumstances, Appeal is admitted.

                            Issue usual notices.

                            Call for the trial court records.

                            Paper books be prepared within eight weeks from the date of

                     receipt of trial court records.

                            Respondent nos.2 and 3 are already in custody.

Respondent nos.4,5 and 6 who are accused persons are

directed, under Section 390 of the Code of Criminal Procedure, to

be present before the jurisdictional Court on or before June 9,

2023 and execute personal bonds to appear as and when ordered

by this Court. If any of them do not appear before the

jurisdictional Court and execute bonds as directed herein, warrant

shall be issued by this Court and such accused persons shall be

arrested and brought before the jurisdictional Court. In such

event, the jurisdictional Court may commit such persons to prison

or grant order of bail or consider granting order of bail on condition

that may be deemed fit on requisite application.

Appellant will inform the respondent nos.4,5 and 6 of this

order for compliance.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)