Rahul Maharaj @ Gobinda Maharaj vs Unknown
2023 Latest Caselaw 3310 Cal

10.5.2023
Sk, ct. 236
  Sk,sl.98
                                   C.R.A. 721 of 2017

              In the matter of :     Rahul Maharaj @ Gobinda Maharaj

                        Ms. Sreyashee Biswas
                                      ...for the Victim/Respondent.

Mr. Joydeep Roy Ms. Sujata Das ...for the State.

The office report indicates that

administrative notice could not be served upon the

appellant as his house was under lock and key.

Having gone through the impugned

judgment and lower court record, it appears that

the appellant stood the trial while in custody and

after the pronouncement of the judgment recording

order of conviction, he was sent back to the

Correctional Home by the learned trial court

though liberty was given, but no application was

filed on behalf of the appellant before this court

seeking bail.

Under such circumstances, the Secretary,

District Legal Services Authority is directed to

submit a report positively by 17.5.2023 as to

whether the appellant Rahul Maharaj @ Gobinda

Maharaj is still serving out the sentence or not.

Superintendent as well as the Welfare Officer of Cooch

Behar Correctional Home is directed to submit a report

as to the compliance of the following direction given in

the case of Tarun Dutta & Anr. vs. State of West

Bengal reported in 2023 Cr.L.J. 396:-

"31.In view of the statutory mandate the Welfare Officer is directed to keep information regarding the appeal preferred by the convict/convicts with all required particulars such as number, Court in seisin of the appeal etc. and to monitor the same. While doing so, in appropriate cases the welfare officer is to bring the status of the lis to the notice of the Chairman/Chairperson or Secretary, D.L.S.A. of the District or Chairman of the S.D.L.S.C. of the Sub-Division as the 11 case may be, while visiting Correctional Home, who shall take up the matter with the Member Secretary of the S.L.S.A., West Bengal and Secretary, High Court Legal Services Committee, if the appeal is pending before the Hon'ble High Court at Calcutta, who in turn may take the call to ensure the protection of right of the convict and/or appellant to have access to justice."

Secretary, D.L.S.A., Cooch Behar is also directed

to submit a report of compliance in the light of direction

given in the case of Tarun Dutta (supra).

The Secretary, High Court Legal Services

Committee is directed to appoint an advocate to

represent the appellant before this court by the date

fixed.

The department is directed to communicate the

order to the learned District Judge, Cooch Behar and

Welfare Officer Cooch Behar Correctional Home in

course of the day.

(Siddhartha Roy Chowdhury, J)