Calcutta High Court (Appellete Side)
An Application Under Section 389(1) Of ... vs Unknown on 18 January, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 75 18.01.2017
sm Allowed CRAN 4055 of 2016 With CRA No.502 of 2016 In the matter of: An application under Section 389(1) of the Code of Criminal Procedure.
In Re:- Meherul Sk. .. Appellant.
Ms.Anusuya Sinha Mr.Rajiv Lochan Chakraborty Mr.Priyanjit Kundu Ms.Aindrilla De .. for the appellant.
Mr.Sudip Ghosh
Mr.Pratick Bose. .. for the State.
In a sessions trial, the appellant was convicted under section 302 of the Indian Penal Code and sentenced to suffer rigorous life imprisonment and to pay fine with default clause.
Challenging the said order of conviction and sentence, this appeal has been preferred and after the appeal being admitted with liberty granted by the court admitting the appeal, now the appellant has approached this court for suspension of sentence.
This case is based on circumstantial evidence. The circumstance has been jotted down in page 7 of the impugned judgement.
2The learned advocate for the appellant contends that none of the circumstances implicated the appellant in the commission of the offence.
Having regard to the fact, the learned advocate for the State, opposes the prayer for suspension of sentence. We have given him an opportunity to file written objection in the light of the decision of Atul Tripathi vs. State of UP, reported in (2014) 4 SCC 177.
However, she declined to file the same and submits that it would be enough for her to argue this case on the basis of the materials already on record.
Now, considering the rival submissions of the parties and the findings on which the order of conviction is based and the ground on which the same is under challenge, we are of the view that a prima facie case has been made out showing possibility of success in the appeal.
During the pendency of hearing of appeal, the order of execution of sentence be suspended and the appellant be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Murshidabad upon furnishing a Bond of Rs.10,000/-, with two sureties of Rs.5,000/- each, one of whom must be local.
The office is directed to prepare the paper book within six (6) months from date and as soon as the preparation of the paper book 3 is complete and the appeal is ready for hearing, the same be listed for hearing before the appropriate Bench, as and when the business of such court shall permit.
We make it clear that any of the observations made hereinabove must not be construed as to our opinion regarding the merit of the case. We make it clear that those observations were made only for the reason that the same were necessary for taking the decision as to the question of bail.
Accordingly, this application, being CRAN 4055 of 2016, stands disposed of.
Urgent xerox certified copy of this order, if applied for, be handed over to the learned advocates for the parties on their usual undertakings.
(Ashim Kumar Roy, J.) (Debi Prosad Dey, J.) 4