The State v. Ajay Sarkar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRMSPL/5/2022 IA NO.CRAN/1/2022 IA NO.CRAN/2/2022 WITH CRA(DB)/5/2022 The State ... Petitioner/appellant Vs.

Ajay Sarkar ... Respondent Mr. Tulsi Lall ... for the petitioner/appellant Mr. Prakash Minj ... for the respondent.

September 23, 2022 [SR] Item Nos.2 & 3 Re: CRAN/1/2022 ( Application for condonation of delay) The respondent appears through advocate pursuant to service of copy of the memorandum of appeal and the application for condonation of delay. The learned advocate Mr. Prakash Minj undertakes to file vakalatnama on behalf of the respondent by 28th September, 2022. The respondent waives service of formal notice of the appeal.

Considering the explanation given in the application for condonation of delay, we find that the appellant was prevented by sufficient cause for not filing the appeal prior to 28th July, 2022. The delay is condoned and the appeal is taken on record. Accordingly, CRAN/1/2022 is disposed of.

Re: CRMSPL/5/2022 (Special Leave to Appeal)

After hearing the parties and considering the materials on record, leave to prefer appeal against the order of acquittal dated 16th February 2022, as prayed for by the appellant is granted. Accordingly, CRMSPL/5/2022 is allowed. Re: CRA(DB)/5/2022 (Appeal) The appeal is admitted and be registered according to the applicable rules.

Let the lower court records be called for on the appellant complying with all requisite formalities.

Let the paper book be prepared and the next date be fixed in terms of the applicable rules.

(Arindam Mukherjee, J.) (Kausik Chanda, J.)