Calcutta High Court (Appellete Side)
Joy Prakash Mishra @ Munna vs Ms. Trina Mitra on 1 December, 2025
37.
01-12-2025 CRA 161 of 2021
(ct. no.08) With
S. De
266045
(Allowed) I.A. No. CRAN 3 of 2025
In the matter of : Joy Prakash Mishra @ Munna.
...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.
Mr. Ranabir Roy Chowdhury,
Mr. Shiladitya Banerjee, ...for the State.
Dictated by Arijit Banerjee, J.
In re : CRAN 3 of 2025
1. The petitioner renews his prayer for suspension of sentence and grant of bail, which was earlier rejected by a co-ordinate Bench by an order dated May 17, 2022.
2. The petitioner says that he is now in custody for about thirteen years. Pre conviction, he was in custody for about eight years throughout the trial. Post conviction, he is in custody for about five years. There is no certainty as to when the appeal will be heard. On the ground of lengthy detention, he renews his prayer for suspension of sentence.
3. Learned State counsel while opposing the prayer, points out that there are eye-witnesses to the alleged incident of using explosive and causing the death of the victim. There is 2 sufficient evidence to connect this petitioner with the alleged crime. Hence, bail should not be granted.
4. We have considered the facts and circumstances of the case. The petitioner is in custody for thirteen years. There is no certainty that this appeal of 2021 will be heard on an early date. On that ground and keeping in mind the ratio of the decision in the case of Kashmira Singh Vs. The State of Punjab ( (1977) 4 SCC 291), we feel impelled to allow this application.
5. It is thus ORDERED that the applicant/appellant, namely, Joy Prakash Mishra @ Munna 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 Additional Chief Judicial Magistrate, Chitpur, Kolkata subject to the condition that the petitioner shall meet the Officer-in- Charge/Inspector-in-Charge of the Chitpur Police Station once in a fortnight until further orders and shall remain within the municipal limits of Kolkata, except for the purpose of attending Court proceedings till disposal of the appeal. 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.
6. The department is directed to forward a copy of this order to the Superintendent of the concerned Correctional Home for 3 immediate release of the applicant/appellant unless he is wanted in connection with any other case.
7. 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.
8. The application being I.A. No. CRAN 3 of 2025 is, accordingly, disposed of.
In re : CRA 161 of 2021
9. We are told that Paper Books are ready. Let the appeal appear in the Monthly List of February 2026.
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.)