Disposed

Bijoy Biswas v. the State of Tripura

Tripura HC21 Nov 2017Crl.A(J)/23/2017

Case brief

AI extract

What is this about?

The court recalled an inadvertently issued release order. The appellant is directed to be produced in custody to serve out the remaining period of sentences. The appellant's conduct in surrendering was commended to the jail authority regarding future remission.

What did the court decide?

The release order dated 21-11-2017 was recalled. The appellant is directed to be taken into custody forthwith to serve the remaining period of sentences.

Bijoy Biswas Vs the State of Tripura — Civil Procedure and Limitation | Tripura HC (2017)

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CRL A(J) NO.23 of 2017

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BEFORE

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THE HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI HON’BLE MR. JUSTICE S. TALAPATRA

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Present:

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For the appellant : Mr. A.K. Bhowmik, Sr. Advocate, Mr. Raju Datta, Advocate.

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For the respondent : Mr. R.C. Debnath, Addl. P.P.

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28.11.2017.

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Heard Mr. A.K. Bhowmik, the learned senior counsel assisted by Mr. Raju Datta, the learned counsel for the appellant. Also heard Mr. R.C. Debnath, the learned Additional Public Prosecutor appearing for the State.

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On 21-11-2017, this Court has passed the following direction :

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“For what has been stated in the foregoing, this appeal partly succeeds. The conviction of the appellant under Section 4 of the Act is hereby set aside. Instead, the appellant is convicted under Section 8 of the Act and is sentenced to 3(three) years of imprisonment with a fine of `5,000/(Rupees five thousand) and, in default thereof, to undergo a simple imprisonment of 3(three) months. We are, however, not inclined to interfere with his conviction and sentence under Section 451 IPC, but both the sentences shall have to run concurrently. Order accordingly. The appellant shall serve out the remaining period of his sentences. It is, however, made clear that the period already undergone by him in jail as an undertrial prisoner and as a convict shall be set off against the sentences imposed upon him herein.”

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The appellant had not served out the remaining period of his sentences on that day. So the question of releasing him

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CRL A(J) NO.23 of 2017 Page 1 of 2

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at that stage did not arise at all. It was clearly stated in our order that he should serve out the remaining period of his sentences. As the release order was inadvertently issued by us, the appellant was released from jail by the jail authorities in terms of our release order inadvertently issued. By this time, the appellant has been out of jail for 7(seven) days. We are grateful to Mr. A.K. Bhowmik, the learned senior counsel for producing the appellant before us today to surrender to the custody of this Court. The appellant is directed to be taken into custody forthwith by the Registry. The release order dated 21-11-2017 issued by us stands recalled. The Registry will take necessary action for producing the appellant before the Superintendant, Kendriya Sansodhanagar, Bishalgarh, Sipahijala District, who will forthwith take him into custody to serve out the remaining period of his sentences. We place on record the good conduct of the appellant in surrendering before this Court without any hesitation and this conduct of respecting the law of the land is highly commendable and may be duly taken note of by the Jail authority when the time for considering his remission comes.

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A copy of this order be supplied to both the learned Public Prosecutor as well as the Superintendant, Kendriya Sansodhanagar, Bishalgarh, Sipahijala District.

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Order accordingly.

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JUDGE CHIEF JUSTICE

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Dipesh

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CRL A(J) NO.23 of 2017 Page 2 of 2

Bijoy Biswas v. the State of Tripura

Case brief

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Bijoy Biswas v. the State of Tripura

Case brief

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