Calcutta High Court (Appellete Side)
Abdul Hossain Mahammad @ Abdul Hossain vs 4 on 17 March, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 68 17.03.2017
sm Rejected CRAN 3614 of 2016 With CRA 488 of 2016 In re: An application under Section 389 of the Code of Criminal Procedure, 1973 filed on 30.08.2016.
And In the matter of:- Abdul Hossain Mahammad @ Abdul Hossain Mohammed @ Md.Abul Hossain.
... Appellant.
Mr.Suman De ... for the appellant
Mr.Somnath Ganguly
Mr.Bhaskar Prosad Banerjee. .. for the Customs.
In a sessions trial, the present appellant was charged for committing offence punishable under sections 20(b)(i)(c)/23(c) of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for 12 years and to pay fine with default clause.
The said order of conviction is challenged in this appeal and after the appeal being admitted with leave granted by the court admitting the appeal, the appellant has approached this court for suspension of sentence and an order of his release on bail.
The learned advocate appearing on behalf of the appellant/ convict/petitioner submits that the prosecution case is that the contraband in question was recovered from his luggage at the 2 Airport, but the luggage so to say the bag was not produced before the learned trial court and even then the learned court below was pleased to find the accused guilty of the charges levelled against him.
He further contends that there is every chance of success in the appeal and during pendency of hearing of the appeal, the sentence imposed against the petitioner should remain suspended.
Opposing the prayer for suspension of sentence, the learned advocate appearing on behalf of the Department of Customs submits that the learned court below discussed in detail the points that were raised from the side of the defence and the finding arrived at cannot be assailed.
We have very carefully gone through the impugned judgement and find that the learned court below furnished reasons in arriving at its finding.
Having regard thereto, we are not inclined to allow the prayer for suspension of sentence.
Accordingly, this application, being CRAN 3614 of 2016 is rejected.
Office is directed to call for the lower court records, if not as yet called for. If the record is already there, the requisite number of paper books shall be prepared within six (6) months from this date or then four (4) months from the date of arrival of the records and 3 immediately after the preparation of the paper books is complete and the appeal is made ready for hearing, the same shall be listed before the appropriate Bench for hearing.
We make it clear that any of the observations made hereinabove must not be construed as to our opinion regarding the merit of the case. We make it clear that those observations were made only for the reason that the same were necessary for taking the decision as to the question of bail.
Urgent xerox certified copy of this order, if applied for, be handed over to the learned advocates for the parties on their usual undertakings.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.) 25 17.03.2017 sm Allowed CRM No.2069 of 2017 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 10.03.2017 in connection with Baduria Police Station Case No.214 of 2016 dated 29.03.2016 under sections 363/365/366A/34 of the Indian Penal Code.
And 4 In Re:- Sri Avishek Dey @ Raju .. Petitioner. Ms.Mousumi Bhowal . ... for the petitioner Ms.Pushpita Saha ... for the State.
Heard the learned advocates appearing on behalf of the parties. Perused the case diary.
The petitioner is in custody for about 38 days. Investigation is over and charge-sheet has been submitted.
After recovery of the victim-girl, her statement has been recorded under section 164 CrPC.
We have gone through the same.
Now, considering the above fact and when no case is made out from the side of the State that even after submission of the charge-sheet, the petitioner's custodial detention is still necessary or if the petitioner is released on bail, he is likely to abscond, the prayer for bail of the petitioner stands allowed.
Let the petitioner be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate, North 24-Parganas at Basirhat upon furnishing a Bond of Rs.10,000/-, with two sureties of Rs.5,000/- each, one of whom must be local. 5 Accordingly, this application for bail is disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)