Calcutta High Court (Appellete Side)
Sajesh @ Bobby Hela vs Ms. Trina Mitra on 17 March, 2026
41.
17-03-2026 CRA (DB) 259 of 2025
(ct. no.08) I.A. No. CRAN 1 of 2025
S. De I.A. No. CRAN 2 of 2025
266045
(Allowed) In the matter of : Sajesh @ Bobby Hela.
...applicant/appellant.
In Re: Application under Section 389(1) of the Code of Criminal
Procedure, 1973 / Section 430(1) of the Bharatiya Nagarik
Suraksha Sanhita 2023.
And
Ms. Trina Mitra, ...for the Applicant/Appellant.
Ms. Amita Gaur, Sr. Govt. Adv.,
Ms. Eshita Dutta, ...for the State.
Dictated by Apurba Sinha Ray, J.
In re : I.A. No. CRAN 2 of 2025
1. Learned counsel for the petitioner has submitted that the petitioner is in custody for ten years. The incident occurred at the heat of the moment and there was no pre-meditation on the part of the appellant to commit the crime. The petitioner at the highest could have been convicted under Section 304 of the Indian Penal Code. However, the learned Trial Judge did not consider the situation and convicted the appellant under Section 302 of the Indian Penal Code. The learned counsel has also pointed out that there is no allegation against the petitioner for commission of offence under Section 498A of the Indian Penal Code. However, considering the long detention of the petitioner, he may be enlarged on bail.
2. Learned counsel for the State has drawn our attention to the deposition of several witnesses including the deposition of the son of the victim and the present appellant who had 2 categorically stated that the present appellant committed ghastly act of murder of his mother. There are sufficient incriminating materials against the present petitioner.
3. We have considered the materials-on-record. It appears that the hammer was recovered at the instance of the present appellant. However, the petitioner is in custody for more than ten years and there is no chance of an early hearing of the present appeal since numerous appeals filed much prior in point of time are yet to be heard. We have also found that there is certain merit in the contention of petitioner that the present petitioner could have been convicted under Section 304 of the Indian Penal Code if the materials-on-record were considered by the learned Trial Judge at the time of convicting and sentencing the petitioner. Considering the period of detention and also the fact that there is no chance of an early hearing of the present appeal, we are inclined to allow this application but on certain conditions.
4. It is thus ORDERED that the applicant/appellant namely, Sajesh @ Bobby Hela shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Chief Judicial Magistrate, Howrah subject to the condition that the petitioner shall remain within the jurisdiction of Santragachi police station except for the purpose of attending court proceedings until further orders and shall meet the Officer-in- Charge/Inspector-in-Charge of the Santragachi police station 3 once in a fortnight till disposal of the appeal and on further condition that the petitioner shall remain within the geographical limits of Howrah. He shall be personally present or shall be represented by his counsel during hearing of the appeal and he shall surrender before the Trial Court as and when called for in connection with the present appeal.
5. The department is directed to forward a copy of this order to the Superintendent of the concerned Correctional Home for immediate release of the applicant/appellant unless he is wanted in connection with any other case.
6. We clarify that the observations made by us in this order are only for the purpose of disposing of the application for suspension of sentence and the same shall have no relevance at the final hearing of the appeal.
7. The application being I.A. No. CRAN 2 of 2025 is, accordingly, disposed of.
In re: CRA (DB) 259 of 2025
8. We see that paper book is ready.
9. Place the appeal for final hearing on June 9, 2026, marked 12:30 P.M.
10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)