Supreme Court - Daily Orders
Sanjit Saha vs The State Of West Bengal on 25 September, 2023
1
ITEM NO.1707 COURT NO.13 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
MISCELLANEOUS APPLICATION DIARY NO(S). 19330/2023
SANJIT SAHA Petitioner(s)
VERSUS
THE STATE OF WEST BENGAL Respondent(s)
(IA No. 113070/2023 - CONDONATION OF DELAY IN FILING
IA No. 95673/2023 - RECALLING THE COURTS ORDER)
Date : 25-09-2023 These matters were called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE K.V. VISWANATHAN
[IN CHAMBER]
For Petitioner(s) Mr. Anil Kumar, AOR
Mr. Pradeep Kumar Mittal, Adv.
Mr. Manu, Adv.
Mr. Saurabh Kumar, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the
following
O R D E R
Delay condoned.
The application for exemption from surrendering filed by the applicant came up for hearing on 01.03.2019 before the Judge In-Chambers. The applicant was given six weeks’ time to surrender and file proof thereof. Thereafter, the Signature Not Verified Digitally signed by POOJA SHARMA Date: 2023.09.27 17:34:57 IST Reason: matter came up for hearing on 24.02.2020 before the Learned 2 Judge In-Chambers and on the ground that surrender proof had not been filed an order was passed to the following effect:-
“Perused Office Report dated 21.01.2020. By order dated 01.03.2019, Hon’ble Judge, In- Chamber, has rejected the application of the petitioners for exemption from surrendering. By the very same order six weeks’ time has been granted to the petitioners to surrender and produce the proof thereof.
In spite of time granted, learned counsel for the petitioner has not filed proof of surrender of the petitioners so far.
Two weeks’ further time is granted to learned counsel for the petitioners to file proof of surrender of the petitioners failing which the special leave petition(s) shall stand dismissed without any further reference to the Court.” No surrender proof having been filed on or before 09.03.2020, the SLP stood peremptorily dismissed. Now the applicant has filed an application on 05.05.2023 setting out that after the order of this Court dated 01.03.2019, the applicant surrendered on 15.03.2019 and surrender proof was sent to the then Advocate-on-Record. However, it appears that the said proof of surrender was not filed in Court and also there was no appearance on 24.02.2020 when the matter came up for hearing. This had resulted in the order dated 24.02.2020. It further appears that the Advocate-on-record who was originally engaged had passed away on 10.04.2021.
It is averred that the son of the applicant, after making enquiries, has now taken steps to engage a new Advocate-on-record and through the new Advocate-on-record the present application for recall of the order dated 24.02.2020 and to restore SLP(Crl) D.No.46699 of 2018 has 3 been filed. The application is supported by a copy of the detention certificate issued by the Superintendent of Balurghat Central Correctional Home, which indicates that on 15.03.2019 the applicant was in custody. The Certificate also sets out the total period of custody including custody till 27.04.2023, which is the date of the Certificate.
Since the applicant, in obedience to the order of this Court dated 01.03.2019, has surrendered on 15.03.2019, I find merit in this application.
The applicant filed the Special Leave Petition challenging the conviction under Section 376(2)(g) of the Indian Penal Code and the sentence of rigorous imprisonment for 10 years and the direction to pay a sum of Rs.20,000/- as fine and in default to suffer imprisonment for six months.
The Special Leave Petition has been filed on behalf of the petitioners - Sanjit Saha and Anil Saha assailing the judgment of the High Court dated 05.07.2018 in Criminal Appeal No.188 of 2014. Both the petitioners in the Special Leave Petition had filed Criminal Appeal No.188 of 2014 on the file of the High Court at Calcutta.
The application for exemption from surrendering was also filed on behalf of the accused Anil Saha. The order of 01.03.2019 was passed on behalf of the said accused Anil Saha also. In fact the affidavits in support of the Special Leave Petition and the interim applications as well as the 4 affidavit in support of condonation of delay in refiling are filed by the co-petitioner Anil Saha.
It is not clear as to what is the status of surrender with regard to the said co-petitioner Anil Saha. Let a report be called for from the Additional Sessions Judge, 2nd Fast Track Court, Raiganj as to whether the said Anil Saha who was convicted by the said Sessions Judge in Sessions Case No.76/2012 (S.T. No.52/2012) by judgment dated 06.01.2014 (and was sentenced originally to 12 years imprisonment by the Trial Judge which was modified to 10 years R.I. along with fine and default sentence by the High Court at Calcutta in Criminal Appeal No.188 of 2014) has surrendered to undergo his sentence. The Additional Sessions Judge, 2nd Fast Track Court, Raiganj may take the assistance of the Jail Superintendent in the District to elicit the information within two weeks.
Considering that it is a matter of personal liberty and considering the fact that the accused Sanjit Saha has in fact surrendered on 15.03.2019 and is in custody, interest of justice requires that his Special Leave Petition be heard on merits. In fact the default was only in reporting compliance. The peremptory dismissal is only on account of delay in reporting compliance.
The applicant cannot be prejudiced for the delay in reporting compliance which is also occasioned additionally due to the passing away of the Advocate-on-Record on 10.04.2021. Hence, the delay is condoned and the 5 application for recall is allowed. The order dated 24.02.2020 is recalled insofar as petitioner no. 1 Sanjit Saha is concerned. The SLP is restored to the record as far as the petitioner no.1-Sanjit Saha is concerned.
Insofar as the accused Anil Saha is concerned, let the matter be listed on 09.10.2023 in Chambers for further directions.
(KAVITA PAHUJA) (GURCHARAN SINGH KUKAL) COURT MASTER (SH) COURT MASTER (NSH)