Calcutta High Court (Appellete Side)
Bimal Roy vs The State Of West Bengal on 4 September, 2024
Author: Soumen Sen
Bench: Soumen Sen
04.09.2024
Court No.29
Item No. 97
sg
CRA 499 of 2017
CRAN 1 of 2018 (Old CRAN 127 of 2018)
Bimal Roy
Versus
The State of West Bengal
Mr. Ranadeb Sengupta
For the appellant
Mr. Debasish Roy, PP
Ms. Amita Gaur
For the State
1.This is an application for suspension of sentence. The appellant has been sentenced amongst others, rigorous imprisonment of ten years and a fine of Rs.3,00,000/-, in default, to suffer further simple imprisonment for three years for commission of an offence under Section 376 of the Indian Penal Code and other offenses. All charges have been proved and the appellant was sentenced to 10 years rigorous imprisonment along with fines.
2. At the time of hearing of this appeal, the Superintendent, Jalpaiguri Central Correctional Home, has filed a report wherefrom it appears that the appellant has undergone imprisonment for seven years one month eleven days as on 24th August, 2024.
3. The learned Counsel for the appellant submits that the conviction was based on DNA report which was never proved nor the appellant was confronted with the said report in his examination under Section 313 of the Code of Criminal Procedure. It is further submitted that the prosecutrix died during trial before her statement could be recorded. It is submitted that these two Signed By :
SANJIB GHOSH High Court of Calcutta
4 th of September 2024 05:53:19 PM 2 facts are relevant at least for the consideration of suspension of sentence having regard to the period of incarceration and the report of the authority concerned filed as to his conduct during incarceration.
4. The learned Counsel for the State has fairly submitted that the appellant is in custody for a considerable period of time and the prayer of the appellant for suspension of sentence may be considered on the basis of the records available.
5. We have considered the report filed by the Superintendent of the Jalpaiguri Central Correctional Home, wherefrom nothing adverse against the petitioner is revealed. There is also no possibility of this appeal being heard in near future.
6. Considering the fact that there is a remote possibility of the appeal being heard out in near future, the appellant is entitled to the rights enshrined under Article 21 of the Constitution of India following the decisions of the Hon'ble Supreme Court in Kashmira Singh vs. The State of Punjab; reported in (1977) 4 SCC 291 and Hussain & Anr. Vs. Union of India; reported in (2017) 5 SCC 702 and also having regard to the fact that when a person convicted his sentenced to a fixed period of sentence and when he files an appeal under any statutory right suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances as observed in Bhagwan Shinde Gosai and Ors. vs. State of Gujarat; reported in (1999) 4 SCC 421, the appellant is entitled to suspension of sentence.
7. In view thereof, we allow the application for suspension of sentence and grant bail to the appellant upon furnishing a bail bond of Rs.2500/-, with two sureties of like amount each, to the satisfaction of learned Chief Judicial Signed By :
SANJIB GHOSH High Court of Calcutta 4 th of September 2024 05:53:19 PM 3 Magistrate, Jalpaiguri, on condition that he shall appear before the learned Trial Court once in four months till the disposal of the appeal.
8. In the event the appellant failed to do so, the court concerned shall forthwith intimate such fact to this Court and the department shall place this matter before the appropriate Bench for necessary order in accordance with law.
9. We also record the assurance of Mr. Ranadeb Sengupta, learned Counsel appearing on behalf of the appellant that he shall be present to argue the matter on behalf of the appellant on all future dates of hearing of the appeal.
10. The application for suspension of bail being CRAN 1 of 2018 (old CRAN 127 of 2018) is allowed.
11. The report filed by the Superintendent of Central Correctional Home is taken on record.
12. The appeal shall be listed in the monthly list of December, 2024.
13. This order shall be immediately communicated to the Superintendent of Jalpaiguri Central Correctional Home, for immediate compliance.
14. The Superintendent shall act on the basis of the server copy of this order.
15. In addition to the aforesaid direction, the Secretary, Calcutta High Court Legal Service Committee is directed to immediately forward this order to the Secretary, DLSA, Jalpaiguri to ensure that the appellant is released forthwith.
16. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Soumen Sen, J.) (Shampa Dutt (Paul), J.) Signed By :
SANJIB GHOSH High Court of Calcutta 4 th of September 2024 05:53:19 PM