SUJIT ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The following order is passed in continuation of the order dtd. 28/7/2022.

(2.) The instant revision has been filed by accused Sujit Roy in custody with a prayer to give effect to the order dtd. 20/7/2022 passed by the learned Additional Sessions Judge, 2nd Court at Barrackpore, North 24-Parganas in Sessions Case No.46 of 2021 arising out of Titagarh Police Station Case No.548 of 2020 dtd. 5/10/2020 under Ss. 302/34/120B of the Indian Penal Code and Ss. 25/27 of the Arms Act.

(3.) On perusal of the order dtd. 20/7/2022 passed by the learned Trial Judge, it is ascertained that the record of Sessions Case No.46 of 2021 was put up before the learned Trial Judge on the basis of an application filed on behalf of the accused/petitioner in custody. The petitioner prayed before the Trial Court that his elder brother passed away on 19/7/2022 and the date of funeral of the said elder brother of the petitioner was on 21/7/2022. The petitioner prayed permission of the Trial Court to attend the funeral of his deceased elder brother at Samastipur, Bihar. The said application was allowed by the Trial Judge directing the Superintendent, Barrackpore Special Correctional Home to take all steps for ensuring attendance of the accused in the funeral of his elder brother at Samastipur, Bihar with the help of police escort. However, the petitioner was not taken to Samastipur to take part in the funeral of his deceased elder brother as per order of the learned Trial Court, as no police arrangement could be made by the Barrackpore Police Commissionerate.