The bench held that an appeal filed by the State through the State Legal Services Authority against a conviction and sentence order was not maintainable since the conviction and sentence had already been appealed against.
CRA 352 of 2019 and connected applications dismissed as not maintainable.
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67 03-01-2022 (ct. no.28) sourav
CRA 352 of 2019 CRAN 1 of 2020 (Old No. CRAN 1181 of 2020) (Via Video Conference)
In re: An application under Section 389 of the Code of Criminal Procedure, 1973.
In the matter of : Ganesh Orang
.... Petitioner.
Mr. Anjan Bhattacharya Mr. Kallol Mondal,
…For the appellant.
Mr. Swapan Banerjee, Mr. Narayan Prasad Agarwal, Mr. Suman De, Ms. Anasuya Sinha,
…For the State.
In view of the fact that conviction and sentence had already been appealed against in CRA 248 of 2019, we are of the view a subsequent appeal filed through the State Legal Services Authority being CRA 352 of 2019 against aforesaid judgment and order of conviction and sentence, is not maintainable.
Thus, CRA 352 of 2019 including all connected applications are dismissed as not maintainable.
( Bivas Pattanayak, J. ) ( Joymalya Bagchi, J. )
1 issue framed by the court
Whether an appeal filed through the State Legal Services Authority is maintainable post a prior conviction appeal?
Ganesh Orang
The State
Bivas Pattanayak
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
