Tapati Patra vs State Of West Bengal
2024 Latest Caselaw 4854 Cal

Calcutta High Court (Appellete Side)

Tapati Patra vs State Of West Bengal on 19 September, 2024

Author: Soumen Sen

Bench: Soumen Sen

19.09.2024
AD-08
 Court No.29
 TN
                                   CRA (DB) 256 of 2024
                                  IA No: CRAN 1 of 2024

                                       Tapati Patra
                                            Vs.
                                   State of West Bengal


               Mr. Ranadeb Sengupta,
               Ms. Trina Mitra
                                                                 .... for the appellant

               Ms. Minoti Gomes
                                                                      ....for the State

                                  In Re: IA No: CRAN 1 of 2024


               1.

This is an application for condonation of delay in preferring

the appeal.

2. We are satisfied with the explanation offered by the appellant,

an undertrial, for not being able to file the appeal within the

statutory period.

3. Accordingly, IA No: CRAN 1 of 2024 is allowed.

In Re: CRA (DB) 256 of 2024

4. The appeal is admitted.

5. Call for Trial Court Record (TCR) by 8th November, 2024.

6. Issue usual notices.

7. The realization of fine, if any, is stayed till the disposal of the

appeal.

8. Paper books be prepared within four weeks from the date of

receipt of the TCR.

9. Ms. Minoti Gomes, learned counsel appearing on behalf of the

State waives service of notice of appeal upon the State.

10. The appeal is ready as regards service.

11. Liberty to mention after filing of paper books upon notice to

the State through the learned Public Prosecutor, High Court,

Calcutta.

12. Liberty is granted to the appellant to apply for suspension of

sentence/bail upon notice to the State through the learned

Public Prosecutor, High Court, Calcutta.

13. The learned Trial Court is directed to ensure that complete

TCR is sent upon proper examination.

14. Upon receipt of the TCR, the department shall immediately

inform Ms. Trina Mitra, the learned counsel for the appellant

and supply copies of the depositions and the impugned

judgment free of costs.

15. This order shall be communicated to the Secretary, Calcutta

High Court Legal Services Committee for information.

(Soumen Sen, J.)

(Uday Kumar, J.)