Jayoti Banerjee @ Jayati Banerjee vs The State Of West Bengal
2023 Latest Caselaw 6497 Cal

    26
25.09.2023

Court No.237 pg.

IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE

CRA (SB) 159 of 2023 with IA No. CRAN 1 of 2023

Jayoti Banerjee @ Jayati Banerjee

-versus-

The State of West Bengal

Mr. Saibal Krishna Dasgupta ... For the appellant

Mr. Bidyut Kumar Roy Ms. Sima Biswas ... For the State

In re: CRAN 1 of 2023

Heard learned advocates appearing on behalf of the parties.

Learned advocate appearing on behalf of the appellant has

submitted that there was a delay of 68 days in filing this appeal

against the impugned judgment and order of conviction dated 4th

July, 2023 passed by the learned Additional Sessions Judge, 1st

Court, Asansol, Paschim Bardhaman, in connection with Sessions

Trial No.01 of 2010.

Perused the application where delay of 68 days in filing the

appeal has been explained.

Considering the delay explained in the application, the prayer for

condonation of delay is allowed. The delay is condoned.

The application, being CRAN 1 of 2023, stands disposed of.

In re: CRA (SB) 159 of 2023

This is an appeal directed against the judgment and order of

conviction under Section 409 of the Indian Penal Code whereby the

learned Additional Sessions Judge, 1st Court, Asansol, Paschim

Bardhaman, found the appellant guilty of committing offence under

Section 409 of the Indian Penal Code and sentence him to suffer

regirous imprisonment for six months and to pay fine of Rs.25,000/-,

in default, further regirous imprisonment for three months.

Heard learned advocate appearing on behalf of the appellant

and also perused the judgment impugned, the appeal is admitted.

Issue usual notices.

Trial Court Records be called for.

After arrival of the Lower Court Records, if it is found otherwise

in order, the informal paper book shall be prepared within four weeks

after the ensuing puja vacation.

Learned advocate appearing on behalf of the appellant has

prayed for confirmation of bail.

The prayer for confirmation of bail is considered and allowed.

The appellant is directed to submit fresh bond of Rs.5,000/- (five

thousand only) with two sureties of Rs.2,500/- (two thousand five

hundred only) each to the satisfaction of the learned Chief Judicial

Magistrate, Paschim Bardhaman.

Criminal Section is directed to supply certified copy of this order,

if applied for, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)