Sk Abdul Alim vs The State Of West Bengal & Ors
2023 Latest Caselaw 508 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                                  Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                             C.R.R. 3375 of 2022
                              Sk Abdul Alim
                                   Vs.
                     The State of West Bengal & Ors.

For the petitioner           : Mr. Anand Keshari, Adv.
                               Mr. Prasun Mukherjee, Adv.
                               Mr. Kanchan Roy, Adv.


For the State                : Mr. Ranabir Roy Chowdhury, Adv.

Heard on                     : 17.01.2023

Judgment On                  : 17.01.2023.

Bibek Chaudhuri, J.

This is an application under Section 482 of the Code of Criminal

Procedure filed by the de-facto complainant of Sessions Trial

No.29(7)/2008 arising out of G.R. Case No.225 of 2006 wherein the

learned Additional Sessions Judge, Fast Track 1st Court, Arambagh,

Hooghly by a judgment and order of conviction and sentence dated

18th November, 2008 sentenced the accused persons/opposite parties

to suffer rigorous imprisonment for life and with fine of Rs.25,000/-

(Rupees twenty five thousand), in default to suffer rigorous

imprisonment for one year for the offence punishable under Section

302 read with Section 149 of the Indian Penal Code. The opposite

parties/convicts were also sentenced to suffer rigorous imprisonment

for 3(three) years and to pay fine of Rs.1,000/-(Rupees one

thousand), in default to suffer rigorous imprisonment for 6(six)

months for the offence punishable under Section 148 of the Indian

Penal Code and also the said convicts were sentenced to suffer

rigorous imprisonment for 1(one) year for the offence punishable

under Section 448 of the Indian Penal Code.

The opposite parties/convicts preferred an appeal before this

Court which was registered as CRA 796 of 2008. The Division Bench

of this Court heard the appeal and by a judgement dated 21 st

September, 2017 were pleased to dismiss the appeal affirming the

order of conviction and sentence passed by the Trial Court in the

above-mentioned appeal.

Subsequently some of the convicts filed Special Leave Petition

SLP (Cri) No.6122 of 2019 before the Hon'ble Supreme Court

assailing the judgment and order of affirmation of conviction and

sentence passed by the Trial Court. The Hon'ble Supreme Court was

pleased to dismiss the Special Leave Petition. Accordingly, the order

passed by the Trial Court is affirmed up to the Hon'ble Supreme

Court. The opposite parties/convicts are liable to suffer the remaining

period of sentence. However, the Trial Judge has expressed his

inability to issue warrant to suffer sentence against the opposite

parties who were released on bail by the Division Bench of this Court

during the pendency of the appeal on suspension of sentence.

It is found from the report submitted by the learned Additional

Sessions Judge, Arambagh that the lower court record is not

traceable. This Court fails to follow the reason for having lower court

record when the judgment of the Trial Court, the Division Bench of

this Court and the Hon'ble Apex Court are before the learned Trial

Judge.

I have already mentioned that the opposite parties are under

obligation to suffer the remaining part of sentence. The remaining

part of sentence can easily be calculated by the Additional Sessions

Judge on perusal of the jail warrants of the opposite parties which are

of course lying with the Correctional Home Authority. The opposite

parties also can claim the period of sentence which they have

suffered and the learned Judge can verify the same with the

Correctional Home Authority.

For want of record, an order of sentence which is upheld up to

the Apex Court will not be carried out, is a matter of great regret and

disgrace.

Therefore, the matter is directly brought to the knowledge of

the learned Sessions Judge, Hooghly with a direction that the learned

Sessions Judge shall instruct the learned Additional Sessions Judge,

Arambagh in his administrative side as to how the opposite parties

should be compelled to suffer remaining part of the sentence as per

clear delineation made by this Court hereinabove. A copy of this

order be also sent to the learned Additional Sessions Judge, 1 st

Court, Arambagh, Hooghly.

The learned Additional Sessions Judge, 1 st Court, Arambagh,

Hooghly is at liberty to notify the de-facto complainant to produce

certain copies of the judgments passed by the Trial Court, the

Division Bench of this Court and the Hon'ble Supreme Court for her

perusal and necessary action.

With the above order, the instant revision is disposed of.

Entire exercise of issuance of warrant to suffer sentence be

completed within three weeks from the date of communication of this

order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.3.

D/L.