Supreme Court - Daily Orders
Shabbir Alam @ Ullu Raju vs The State Of West Bengal on 2 December, 2024
Author: Surya Kant
Bench: Surya Kant
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.4934 OF 2024
(Arising out of SLP(Criminal) No.15613/2024)
SHABBIR ALAM @ ULLU RAJU APPELLANT
VERSUS
THE STATE OF WEST BENGAL RESPONDENT
O R D E R
1. Leave granted.
2. The High Court vide the impugned order dated 04.04.2024 has declined to suspend the sentence of the appellant, who is convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short, the “IPC”) in FIR No.458/2001 dated 12.11.2001 initially registered under Section 307/34 of IPC and Sections 25(1B)(a)/27 of the Arms Act, 1959. Later on, Section 302 of IPC was added.
3. It appears that soon after the FIR, the appellant absconded on 07.11.2001 and went to Bangladesh. He was apprehended in 2007 and thereafter, was subjected to trial. The Additional District and Sessions Judge, Signature Not Verified Calcutta convicted the appellant under Section 302 read Digitally signed by ARJUN BISHT Date: 2024.12.04 17:27:50 IST with Section 34 of IPC and sentenced him to undergo life Reason: imprisonment.
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4. The aggrieved appellant challenged his conviction and sentence before the High Court in CRA No.204/2021, which is still pending. The appellant moved an application for suspension of sentence, but as the same was declined by the High Court vide the impugned order dated 04.04.2024, he has approached this Court.
5. It is not in dispute that the appellant has already spent more than 17 years and 4 months in custody. The criminal appeal is of 2021 and will take some time in its final disposal. It is true that there are criminal antecedents and the appellant is involved in some more heinous crimes. We are, however, informed that he is on bail in those cases. In any case, the law will take its course. The apprehension expressed by learned State counsel that the appellant is prompt to misuse the concession of bail can be effectively addressed with the directions that:
(i) the appellant shall not leave the State of West Bengal without prior permission of the Court, which has convicted him.
(ii) he will report once a month to the local police station i.e., Police Station Park Street, Kolkata.
(iii) In case the appellant is found to be involved in any fresh offence, the State shall be at liberty to approach this Court for recall of this order.
(iv) The appellant shall also be liable to furnish bail bonds and to comply with other terms and conditions as 2 may be imposed by the Trial Court for releasing him on bail.
6. Ordered accordingly.
7. The appeal is, accordingly, disposed of.
...................J. (SURYA KANT) ...................J. (UJJAL BHUYAN) New Delhi;
December 02, 2024
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ITEM NO.29 COURT NO.3 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).15613/2024 [Arising out of impugned final judgment and order dated 04-04-2024 in CRA No.204/2021 passed by the High Court at Calcutta] SHABBIR ALAM @ ULLU RAJU Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (IA No.250606/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 02-12-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Ms. Ashima Mandla, AOR Ms. Mandakini Singh, Adv.
Mr. Vipul Pathak, Adv.
For Respondent(s) Mr. Srisatya Mohanty, Adv.
Ms. Astha Sharma, AOR Ms. Ripul Swati Kumari, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. Leave granted.
2. The appeal is disposed of in terms of the signed order.
3. All pending applications, if any, also stand disposed of.
(ARJUN BISHT) (PREETHI T.C.) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file) 4