Calcutta High Court (Appellete Side)
An Application For Suspension Of ... vs In Re : Ashutosh @ Ravi Sharma on 18 April, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
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C.R.A. No. 108 of 2013
with
C.R.A.N. 741 OF 2013
In the matter of an application for suspension of sentence under Section 374(2) of the Code of Criminal Procedure
being CRAN 741 of 2013 filed on 13th March, 2013 arising out of Sessions Case No. 138 of 2012 and Sessions Trial
Case No. 28 of 2012.
And
In Re : Ashutosh @ Ravi Sharma
.... Appellant/Petitioner.
Mr. Suman Dey
Mr. Kazi Mokhlasur Rahman
....For the petitioner.
Ms. A. Sinha .
.... For the State.
This is a case where the present petitioner has been convicted for commission of offence under Sections 489C
of the Indian Penal Code for a period of five years with further direction to pay fine.
The learned Advocate of the petitioner prays for suspension of sentence of the accused. Initially the accused
was all along on bail during the trial.
The learned Advocate for the State strongly resisted the prayer for bail and suspension of sentence by drawing
my attention to the contents of the judgment.
I have heard the submission of the learned Advocates of both sides and taking into consideration the spirit of
Section 389( 3 ) of the Code of Criminal Procedure, I think this is a fit case for keeping the sentence suspended and,
accordingly, I release the petitioner on bail to the extent of Rs. 20,000/- with two sureties each of Rs. 10,000/-, one of
whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Malda on condition that while on bail,
the petitioner/appellant shall not commit any offence or cause any other act the effect of which will be adverse.
The application being CRAN 741 of 2013 is disposed of.
The department is directed to call for L.C.R as early as possible and prepare paper books and place the matter
before the appropriate Bench as early as possible.
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( Toufique Uddin, J. )
.
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