Dilip Shaw vs Unknown
2023 Latest Caselaw 3506 Cal

41   17.05.2023                 CRA (DB)129 of 2023
Dd                                     with
                                I.A. No. CRAN 1 of 2023

              In Re: An application for admission of Appeal under Section
                     372 of the Code of Criminal Procedure, 1973.



              In the matter of : Dilip Shaw
                                              .....Appellant


              Mr. Aniket Mitra, Advocate
                          .... ....For the Appellant

              Mr. Binay Panda,
              Ms. Puspita Saha, Advocates
                          ... ...For the State



                              In re : I.A. No. CRAN 1 of 2023


                    The de facto complainant, who is the father of the victim
             who expired, seeks to prefer an appeal from a judgment of
             acquittal. Learned advocate for the appellant contends that the
             evidences were not correctly appreciated by the learned trial
             Judge leading to a judgment of acquittal.
                    State is represented.
                    There is a delay of 80 days in preferring the appeal. For
             the ends of justice, the causes shown are accepted as sufficient
             and the delay in preferring the appeal is condoned.
                    I.A. No. CRAN 1 of 2023 is disposed of.


                             In re : CRA (DB)129 of 2023
              Appeal is admitted.
              Issue usual notices.
              Call for the lower court records.
              Paper books be prepared within four weeks from the date of
           receipt of Lower Court Records.
                           2




   Respondent no. 2 who is accused person is directed, under

Section 390 of the Code of Criminal Procedure, to be present before the Court below on or before June 30, 2023 and execute personal bond to appear as and when ordered by this Court. If he does not appear before the Court below and execute bond as directed herein, warrant shall be issued by this Court and such accused person shall be arrested and brought before the Court below. In such event, the Court below may commit such person to prison or grant order of bail or consider granting order of bail on condition that may be deemed fit on requisite application.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)