In the impugned judgment, it is recorded that the advocate appointed to espouse the cause of the appellant adopted the arguments made by the advocate for the co-accused in the other appeal. Apart from adopting the submissions made by the co-accused, it appears that the advocate appointed to espouse the cause of the appellant made a submission that the appellant did not share common intention to commit the murder with the co-accused. Obviously, the advocate was not aware that Section 34 of the IPC was not invoked by the Trial Court and therefore, she has argued as if the appellant was convicted with the aid of Section 34 of the IPC.
We, accordingly, direct that the appellant-Niranjan Das shall be produced before the Trial Court within a period of one week from today so that the Trial Court can enlarge the appellant-Niranjan Das on bail, pending the final disposal of the Criminal Appeal before the High Court. Even the counsel for the State shall also remain present on that day. The Trial Court record sent to this shall be transmitted back to the High Court.
Case Title: NIRANJAN DAS @ NIRU DAS @ MAHANTO Vs. THE STATE OF WEST BENGAL
Case Number: Crl.A. No.-002643-002644 / 2023
