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Judgment
Biswajit Palit, J
Learned Counsel, Mr. R. Datta appeared on behalf of the applicant-accused and filed an application seeking extension of time for appearance of the accused before the Learned Trial Court on the ground of his illness. Along with the application one photocopy of medical prescription issued by Dr. Bijaya Datta is enclosed.
It is orally submitted that the accused is suffering from chest pain and as such he requires atleast two months time to appear before the Learned Trial Court in place of 08.08.2025 as ordered by this Court in B.A. No.23 of 2025.
On the other hand, Learned P.P., Mr. R. Datta appearing on behalf of the State-respondent opposed the application submitted by the applicant and submitted that in view of Section 403 of BNSS at this stage there is no scope to alter the judgment excepting clerical or arithmetical error. In support of this contention he also referred two citations of the High Court of Allahabad and the High Court of Jammu & Kashmir and Ladakh at Srinagar and tried to draw the attention of this Court that once the judgment is finally passed there is no scope to alter the same.
Learned Counsel, Mr. R. Datta countering the submission made by Learned P.P. submitted that the applicant has not submitted the application for review of the order just only prayed for extension of time for the purpose of appearance before the Learned Trial Court.
I have also seen the said provision of Section 403 of BNSS. and the prescription annexed with the application dated 04.08.2025 wherein doctor has advised the applicant to take bed rest for next 7 (seven) days.
The investigation of the case is in progress. Probably charge-sheet has not yet been submitted. Although Section 403 of BNSS bars alteration/review of judgment once the judgment is finally pronounced save and except correction of clerical or arithmetical errors. However, for the sake of justice and considering the prescription enclosed with the application, this Court feels that an opportunity be given to the accused applicant to appear before the Learned Trial Court on or before 29.08.2025 as there is no adverse prayer from the side of the prosecution.
With this observation this application stands disposed of.
A copy of this order be furnished to Learned Counsel, Mr. R. Datta appearing for the applicant.
A copy of this order be supplied to Learned P.P. in course of the day.
Also a copy of this order be communicated to concerned Learned Trial Court.