Calcutta High Court (Appellete Side)
An Application For Suspension Of ... vs In Re : Rajim Sk. & Ors on 29 January, 2014
Author: Toufique Uddin
Bench: Toufique Uddin
29.01.2014 C.R.A. No. 545 of 2012
with
C.R.A.N. 1417 OF 2013
In the matter of an application for suspension of sentence under Section 389 of the Code of
Criminal Procedure being CRAN 1417 of 2013 filed on 6th June, 2013 arising out Sessions
Trial No. 05 of 2012, arising out of Sessions Case No. 12 of 2012.
And
In Re : Rajim Sk. & Ors
....
Appellants/Petitioners.
Mr. Sayantan Hazra ....For the appellants/petitioners.
Mr. Ayan Bhattacharya .... For the State.
This is a case where the present appellants/petitioners have been convicted for commission of offence under Sections 489C of the Indian Penal Code. The learned Advocate of the State resisted the prayer for bail.
Having heard the learned lawyers of both sides and considering the scope of Section 389(3)(ii) of the Code of Criminal Procedure, I release the petitioners/appellants on bail by keeping the execution of their sentence suspended, to the extent of Rs. 10,000/- with two sureties each of Rs. 5,000/- to the satisfaction of the learned Chief Judicial Magistrate, Malda, out of which one must be local on condition that they shall not commit any other offence while on bail and they shall not leave the jurisdiction of the concerned court without prior permission of the court except for attending the court proceeding until the hearing of the appeal is concluded.
Let the hearing of the appeal be expedited but I make it clear that in case of lapse on the part of the appellants, the State will be free to lodge the appropriate prayer. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Toufique Uddin, J.) .