ASOKE SHARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The impugned order dated 3rd February, 2021, passed by learned Additional District and Sessions Judge, 2nd Court, Tamluk, Purba Medinipur in S.T. No. 1 (9) of 2016, rejecting the prayer of the petitioner thereby refusing to pass an order, allowing execution and registration of a power of attorney by the petitioner/accused, while in custody, in favour of his wife, is the subject of challenge in this revisional application.

(2.) Admittedly, the petitioner is in custody since 8th May, 2014, for his alleged involvement in connection with the referred case under Sections 364/364A/302/201/120B/379/411 of the Indian Penal Code read with Sections 25(1B)(a)/35 of the Arms Act.

(3.) On 4th January, 2021, the petitioner being the custody accused, made an application, pursuant to the observation made by the Division Bench of this Court in connection with CRM No. 10400 of 2019, while rejecting the prayer for bail of the petitioner, with a prayer soliciting a direction upon the Superintendent of Correctional Home, Medinipur to allow the Registrar/Additional District Sub-Registrar to come to the correctional home, where the petitioner has been undergoing detention, for execution of a power of attorney by the petitioner in favour of his wife. The petition was supported by annexures showing the details of the properties with respect to which power of attorney was sought to be executed by the petitioner in justification of proposed claim that the properties shown in details of properties were free from any encumbrances.