CRA/39/2018
2023 Latest Caselaw 6238 Cal

18.09.2023
 Sl. No.5
  akd
                                       C. R. A. 39 of 2018

             In Re: Narayan Santra
                                                                 ... ... Appellant



             1.

Report is placed on record. From the report it appears CRA 39 of

2018 preferred by the appellant has been disposed of by the

judgment and order dated 28.03.2023. Order was communicated to

the office of the learned Additional Sessions Judge, 3rd Court,

Tamluk, Purba Medinipur through speed post bearing Memo No. 712

Cr.(I).

2. Inspite of communication of the judgment and order, the same had

not been forwarded to the correctional home. Accordingly, appellant

was unaware of the disposal of the appeal. Vide Memo No.7091

dated 28.08.2023, he made a petition that he may be permitted to

withdraw the appeal and deposit the fine.

3. Section 388 of the Code of Criminal Procedure, inter alia, provides

when a case is decided in appeal by a High Court in appeal, its

judgment and order shall be certified to the court concerned whose

order had been appealed against. Thereupon the said court is

required to pass necessary orders in conformity with the judgment

and order delivered by the High Court and amend the record

accordingly.

4. Inspite of communication of the judgment and order passed by this

court, trial Judge has failed to comply with the aforesaid statutory

mandate. Necessary orders were not passed and the judgment and

order of this Court has not been communicated to the convict who

was in the correctional home.

5. Learned Additional Sessions Judge, 3rd Court, Tamluk, Purba

Medinipur is directed to submit explanation on the adjourned day why

he failed to comply with the aforesaid statutory mandate and pass

appropriate direction to communicate the judgment and order to the

convict in the correctional home.

6. Presently with the availability of IT facilities, the High Court is

electronically connected with all correctional homes. E-committee,

Supreme Court of India has proposed a scheme and requested the

High Courts to amend Rules to enable online communication of bail

orders to the correctional homes directly.

7. We are of the view similar procedure may be followed to

communicate judgements and orders in appeals and revisions to the

correctional home where a party/convict is incarcerated.

8. Secretary, E-committee is directed to submit report with regard to

communication of the judgment and order of the High Court in appeal

and revision to convicts and/or persons detained in the correctional

home.

9. Let the matter appear on 03.10.2023.

10. Let a copy of the order be communicated to the Registrar (Judicial

Services), District Judge concerned, Secretary, E-committee and the

trial Judge i.e. Additional Sessions Judge, 3rd Court, Tamluk, Purba

Medinipur for taking necessary steps.

(Ajoy Kumar Mukherjee, J.) (Joymalya Bagchi, J.)