CRA/39/2018
2023 Latest Caselaw 6674 Cal

03.10.2023.
01.
Ct.No.28
as
                             CRA 39 of 2018


              In Re: Narayan Santra.
                                                           ... Appellant.



              1.

Judgment and order dated 28.03.2023 passed by

this Court in CRA 39 of 2018 was received by the trial

Court on 17.04.2023. Contrary to the provision of Section

388 of the Code of Criminal Procedure, no steps were taken

in the matter and the Judgement and order of this Court

was also not communicated to the convict concerned.

2. As a result, the convict vide Memo.No.7091 dated

28.08.2023 made a prayer to withdraw the appeal.

3. In light of such prayer, by order dated 18.09.2023

this Court called upon the trial Court to submit

explanation why she failed to pass appropriate direction

for communication of the judgment and order dated

28.03.2023 to the convict in the correctional home.

4. Explanation is placed on record. From the

explanation, it appears judgement and order was

communicated on 11.04.2023 to the trial court. Judge

concerned was on leave and joined her duties on

17.04.2023. But no steps were taken for about four weeks.

Only on 15.09.2023 when another copy of the judgment

and order was communicated to her did she act

thereupon. No reason is assigned why the judgment and

order of this Court had not been placed before the trial

Court from 11.04.2023 till 15.09.2023.

5. Trial judge is directed to make further enquiry into

the matter affixing responsibility for such failure and

submit report on the adjourned date.

6. Perused report of Registrar (IT) with regard to

electronic communication of bail orders to the correctional

homes. Report states that FASTER (Fast and secured

transmission of electronic records) system would be put in

place shortly.

7. Registrar (IT) is directed to ensure implementation

of the FASTER system at the earliest.

8. Report in this regard shall be submitted by

Registrar (IT) on the adjourned date.

9. The matter is adjourned for two weeks after Puja

vacation (05.12.2023).

10. Department shall communicate the order to the

trial Judge and the Registrar (IT) for compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)