Rup vs The State Of West Bengal
2023 Latest Caselaw 6883 Cal

40    09.10.2
        023                       CRA (SB) 160 of 2023
 Ct                              IA NO: CRAN 1 of 2023
237
                                       Laltu Ghosh
rup
                                            Vs.
                                 The State of West Bengal


                    Mr. Souryadeep Ghosh,
                                                 ... for the appellant.



                                 IA NO: CRAN 1 of 2023


                1.

The application for condonation of delay is taken up

for hearing.

2. Learned counsel appearing on behalf of the appellant

has submitted that delay of 2 days explanation in the

paragraph 9 and 10 of the petition under section 5 of

the Limitation Act, may be condoned.

3. Heard learned advocates appearing on behalf of

appellant. Considering the explanation of delay under

Section 5 of the Limitation Act, the delay is condoned.

Accordingly CRAN 1 of 2023 stands disposed of.

CRA (SB) 160 of 2023

4. This is an appeal against the judgment and order of

conviction dated 12.07.2023 passed by the learned

Additional Sessions Judge, 1st Court, Jhargram in

connection G.R. Case No. 483 of 2015 under Section

363/336 of the Indian Penal Code, whereby appellant

was found guilty of committing offence under Section

363 of the Indian Penal and sentenced him to

rigorous imprisonment for five (05) years and to pay

fine of Rs.20,000/-, in default, to suffer further

rigorous imprisonment for three months.

5. Heard learned counsel appearing on behalf appellant

and also I have perused the judgment, which has

been impugned for re-appreciation of evidence.

6. The appeal is admitted. Issue usual notice.

7. Trial Court Record be called for.

8. 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.

9. Liberty is given to file application for suspension of

sentence.

10. Realization of fine amount be stayed in the

meantime.

(Bibhas Ranjan De, J.)