Calcutta High Court (Appellete Side)
Anarul Sk vs Unknown on 13 December, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
CRA 879 of 2013 13.12.2013
Court No.21 In re CRAN 3697 of 2013: An application for bail under Section 389 of Item No. 64 the Code of Criminal Procedure.
(granted) And In the matter of: Anarul Sk.
.....Petitioner Mr. Y.Z. Dastoor, Advocate Mr. Prabir Majumdar, Advocate .... For the Petitioner Ms. Faria Hossain, Advocate .... For the State This is a case where the present petitioner has been convicted for commission of offence punishable under Section 489B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years with further direction to pay fine with default clause.
While canvassing the prayer for bail and suspension of execution of sentence, the learned lawyer of the petitioner submits that practically there is no evidence so far as the point of user of the seized notes by the petitioner is concerned.
The learned lawyer of the State made her usual submission.
Now considering the submissions of both the sides and the material-on-record, I am of the opinion that the petitioner has been able to make out a prima facie case to go in for appeal to meet success if possible.
This being the position, I release the present petitioner on bail by keeping the execution of his sentence suspended, to the extent of Rs.10,000/-, with two sureties of Rs.5,000/- each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Nadia, on condition that the petitioner shall not commit any other offence while on bail and he shall not leave the jurisdiction sn of the concerned police station without prior permission of the Court except for attending the court proceedings. The application being CRAN 3697 of 2013 accordingly stands disposed of.
Urgent Xerox Certified copy of this order, be given to the parties, if applied for, upon compliance of necessary formalities.
(Toufique Uddin, J)