Disposed¶18

Sahidul Islam@ Saidul Islam v. the State

Calcutta HC20 Feb 2024CRA/119/1988

Case brief

AI extract

What is this about?

CRA 119 of 1988; CRA 140 of 1988; abatement of appeal on death of appellant; death certificate; SI Metiabruz Police Station report dated 06.02.2024; expiry 05.02.2008; Division Bench jurisdiction; eight years rigorous imprisonment; release from list; reference to Hon'ble Chief Justice for directions; fresh vakalatnama; personal appearances dispensed with; Bechu Kolay & Ors.; Sahidul Islam @ Saidul Islam; Ananya Bandyopadhyay, J.; order dated 20.02.2024.

What did the court decide?

CRA 119 of 1988 abated and accordingly disposed of on the reported death of the appellant; CRA 140 of 1988 released from the list of the Court and placed before the Hon'ble Chief Justice for necessary directions; fresh vakalatnamas kept on record; personal appearances of the appellants noted and dispensed with. ¶18

Sahidul Islam@ Saidul Islam Vs the State — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether CRA 119 of 1988 abates following the report that the appellant Sahidul Islam @ Saidul Islam expired on 05.02.2008. +1 more

¶11

Court's answer

CRA 119 of 1988 is abated and accordingly disposed of in view of the reported death of the appellant Sahidul Islam @ Saidul Islam on 05.02.2008.

¶11

Ratio / Principle

On perusal of the judgment, CRA 140 of 1988 relates to the jurisdiction of the Division Bench, as appellant No. 1 has been sentenced to eight years of rigorous imprisonment.

¶17

Key takeaways

The matter (CRA 140 of 1988) is to be released from the list of this Court and placed before the Hon'ble Chief Justice for necessary directions.ratio¶18

Detailed headnote1 paragraphs

Day's order dated 20.02.2024 in two connected criminal appeals, signed by Ananya Bandyopadhyay, J. (i) CRA 119 of 1988 (Sahidul Islam @ Saidul Islam –Vs- State): on a report filed by the SI, Metiabruz Police Station dated 06.02.2024 (supported by a death certificate) that the appellant had expired on 05.02.2008, the appeal was abated and accordingly disposed of. (ii) CRA 140 of 1988 (Bechu Kolay & Ors. –Vs- State): fresh vakalatnamas filed in Court for appellant Nos. 1 and 2 (Ms. Devipriya Mitra with Mr. Prabir Banerjee) and appellant No. 3 (Mr. Soyal Halder) were taken on record; the appellants appeared in compliance with the order dated 04.01.2024 and their personal appearances were noted and dispensed with. Upon perusal of the judgment it appeared that the appeal pertains to Division Bench jurisdiction, the appellant No. 1 having been sentenced to eight years' rigorous imprisonment; the matter was released from the list and placed before the Hon'ble Chief Justice for necessary directions. No statutory provision or precedent was cited and no substantive merits adjudication was made in this order.

Sahidul Islam@ Saidul Islam v. the State

Case brief

What is this about?

What did the court decide?

Sahidul Islam@ Saidul Islam v. the State

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pravin Chandra Mehta @ P C Mehta Vs State of West Bengal & Anr.

Hrisikesh Ghorai Vs the State of W.B.

Bibekananda Chakraborty Vs Baidya Bala Das

Manindra Nath Basak Vs Sajal Guha

Kum Kum Dutta Vs the State

Sripati Mallick Vs the State of West Bengal