237 vs The State Of West Bengal & Anr
2023 Latest Caselaw 5371 Cal

13    21.08.
       2023                      CRA (SB) 139 of 2023
 Ct                                   Gromax Feeds
237                                      Vs.
                           The State of West Bengal & Anr.
rup
                     Mr. Satadru Lahiri,
                     Mr. Ashis Kumar Mukherjee,
                     Mr. Anirban Gope,
                     Mr. Safder Azam.
                                                       ... for the appellant.


                     Learned advocate appearing on behalf of the

               appellant has submitted that after special leave was

               granted this appeal was filed within the statutory period.

                     The appeal is filed assailing the judgment and order

               of acquittal passed by the learned Judge, Fast Track, 2 nd

               Court, City Sessions Court, Bichar Bhawan Calcutta in

               Criminal Appeal No. 157 of 2021 reversing the order of

               conviction passed by the learned Metropolitan Magistrate,

               3rd Court, Calcutta in connection with Complaint Case

               No.CN/570 of 2017.

                     On careful perusal of the judgment in appeal, I find

               that there is scope for reappreciation of evidence.      The

               appeal is admitted. Issue usual notice.

                     Trial Court Record be called for.

                     After arrival of the Lower Court Record, if it is

               found, otherwise in order, the formal paper book shall be

               prepared within six weeks thereafter.

                     Realization of fine amount be stayed in the

               meantime.
                              2




     Respondent/Sohan Sadhu is directed to surrender

before the learned Metropolitan Magistrate, 3rd Court,

Calcutta and liberty to make a prayer for bail which

would be disposed of by the learned Metropolitan

Magistrate invoking Section 390 of the Code of Criminal

Procedure.

(Bibhas Ranjan De, J.)