Calcutta High Court (Appellete Side)
Anil Bag & Ors vs Anup Kumar Mondal & Ors on 19 May, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
19.05.2025
DL-40 wt 41
Court No.26
CRA (DB) 133 of 2025
(AD) with
IA No.: CRAN 1 of 2025
In re : An application under Section 389 of the Code of Criminal
Procedure, corresponding to Section 430 of the Bharatiya
Nagarik Suraksha Sanhita, 2023
-And-
In the matter of : Anil Bag & Ors.
... ...Appellants/Applicants
Mr. Sekhar Kumar Basu, Ld. Sr. Advocate
Mr. Dattatreya Dutta, Advocate
... for the appellants/applicants
Mr. Debasish Roy, Ld. PP
Ms. Zareen N. Khan, Advocate
Mr. Amanul Islam, Advocate
... ...for the State
With
CRA (DB) 136 of 2025
With
IA No.: CRAN 1 of 2025
In re : An application for bail under Section 389 of the Code of
Criminal Procedure corresponding to Section 430 of the
Bharatiya Nagarik Suraksha Sanhita, 2023
-And-
In the matter of : Anup Kumar Mondal & Ors.
... ...Appellants/Applicants
Mr. Sandipan Ganguly, Ld. Sr. Advocate
Ms. Manaswita Mukherjee, Advocate
... for the appellants/applicants
Mr. Debasish Roy, Ld. PP
Ms. Zareen N. Khan, Advocate
Mr. Amanul Islam, Advocate
... ...for the State
1.Applications for suspension of sentence filed in the two appeals are taken up for analogous consideration as they 2 relate to two appeals against the same impugned judgment of conviction and the order of sentence.
2. All the appellants/applicants before us were convicted, inter alia, under Sections 307/326 of the Indian Penal Code, 1860.
3. Nature of injuries suffered by the victim is a cut injury on right leg about 2 inches long and swelling in the right eye and cut injury on right eye brow about 3 inches long and one inch deep.
4. It is debatable whether, the nature of injury is at vital portion of the body which may tantamount to an attempt to murder.
5. The appellants/applicants before us were on bail till the conviction.
6. In such circumstances, we deem it appropriate to suspend the order of sentence of the appellants/applicants in both the applications till August 31, 2025, or until further orders whichever is earlier, since one of the appeals was directed to appear in the monthly list of July 2025 by the order dated April 28, 2025.
7. Accordingly, we direct that the appellants/applicants in CRAN 1 of 2025 in CRA (DB) 133 of 2025, namely, Anil Bag, Sk. Muktar, Sanjib Prasad, Sambhu Singh, Atikul Rahaman & Sajal Sharma and the appellants/applicants in CRAN 1 of 2025 in CRA (DB) 136 of 2025, namely, Anup Kumar Mondal, Manas 3 Bhattacharya @ Manas Bhattacherjee, Sk. Chandu, Sk. Jamal @ Sekh Jamal, Kartick Bag & Ganesh Bag, shall be released on interim bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Chief Judicial Magistrate, Burdwan, subject to conditions that the appellants/applicants in both the application shall report to the learned Chief Judicial Magistrate, Burdwan once in a month till the disposal of the appeal.
8. In the event, the appellants/applicants in both the applications fail to do so, the jurisdictional court 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.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)