Calcutta High Court (Appellete Side)
Lutfal Haque @ Sk. & Anr vs Unknown on 22 April, 2022
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
22.04.2022
Serial no. 05
Srimanta
Ct. No. 42
CRA (SB) 38 of 2022
In re : An application for bail in connection with appeal under
Section 389(1) of the Code of Criminal Procedure, 1973 in
connection with S. C. No. 15/2018 under Sections
25(1AA)/25(1B)(a) of the Arms Act, 1959 and under Section
489C of the Indian Penal Code, 1860 and under Section 428 of
the Code of Criminal Procedure, 1973.
And-
In the matter of : Lutfal Haque @ Sk. & Anr.
... Petitioners.
Mr. Soubhik Mitter, Adv.,
Ms. Rajnandini Das, Adv.
...for the Petitioners.
Mr. Ranabir Ray Chowdhury, Adv.,
Mr. Mainak Gupta, Adv.
...for the State.
The appellant no. 1 was convicted for committing
offence under Section 25(1AA) and 25(1B)(a) of the Arms Act
as well as under Section 489C of the Indian Penal Code.
Appellant no. 2 was convicted for committing offence under
Section 25(1AA) and 25(1B)(a) of the Arms Act. Both the
appellants were sentenced to suffer imprisonment for seven
years with fine and default clause. It is submitted by Mr.
Soubhik Mitter, Learned Advocate for the appellants that they
have already suffered sentence of about 4 years and 8 months
in Correctional Home. Considering such aspect of the matter
that they have already served more than half of the sentence
they may be released on bail.
Learned Public Prosecutor-in-Charge has raised serious
objection against the prayer for bail.
Having heard the learned Advocates for the
appellants/petitioners and the State respondent and without
going through the evidence on record adduced by the witnesses 2 during trial of the case this Court is of the view that the accused persons shall be enlarged on bail on the ground that they have already served more than half of the sentence passed by the Trial Court and in view of the ratio laid down by the Hon'ble Supreme Court in Bhagwan Rama Shinde Gosai & Ors. - Vs.- State of Gujarat reported in 1999 (4) SCC 421 and Kiran Kumar -Vs.- State of M.P. reported in (2001) C Cr. LR (SC) 6 regarding the principle granting bail in case of term imprisonment this Court is inclined to release the petitioners on bail. The petitioners may find bail of Rs.20,000/- with two sureties of like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Malda with further condition that during the pendency of the appeal the petitioners shall attend the Court of the Learned Chief Judicial Magistrate, Malda once in a fortnight. If the petitioners violate the above condition, the order of bail shall be cancelled without further reference to this Bench.
The application is, thus, disposed of.
(Bibek Chaudhuri, J.)