Calcutta High Court (Appellete Side)
In Re : Sushil Durlav vs State Of Gujarat Reported In 1999 C Cr.Lr ... on 13 July, 2010
C.R.A. 367 OF 2010 13.7.10
In Re : Sushil Durlav - Appellant/Petitioner
Mr. Prabir Majumder - For the Appellant/Petitioner
as
State Defence
Mr. R.K. Ghosal - For the State
Re : Application under section 389 of the Code of Criminal Procedure filed on 9.7.2010 being CRAN 2515 of 2010.
In this Jail Appeal filed under section 383 of the Code of Criminal Procedure, which is directed against a Judgment and Order of Conviction recorded on 24.6.2008 by the learned Fast track, 1st court, Kalyani, in connection with Sessions Trial No. VI (November) 2007, the sentence imposed therein has been sought to be suspended. By the impugned Judgment and Order under appeal the Convict has been directed to suffer rigorous imprisonment for ten years and to pay fine of Rs.3,000/=, in default to suffer simple imprisonment for three months in respect of charge of Sections 326 and 307 of the Indian Penal Code. The sentences were, however, directed to run concurrently.
We have carefully heard the learned State Defence (Mr. Prabir Majumder) and the learned Advocate for the State (Mr. R. K. Ghosal) and have perused the materials made available before us and in our reading of the same, we feel that a prima facie case for suspension of sentence has been made out by the Convict.
That apart, the Convict, it appears, has been in custody from 27.6.2008. It is a term sentence. This Jail Appeal was admitted on 29.6.2010 by a Division Bench of this court.
Keeping in mind the current position, it cannot be said for certain as to whether the Appeal would be heard immediately. In that event it may result in reversible consequences if the sentence is not suspended (See Bhagwan Rama Shinde Gosai & Ors. -vs- State of Gujarat reported in 1999 C Cr.LR (SC) 247).
Accordingly, we would direct the Convict to furnish sureties to the satisfaction of the learned Chief Judicial Magistrate, Krishnagar. Pending hearing of the Appeal the sentence imposed on 27.6.2008 upon the Convict by the learned Fast Track, 1st Court, Kalyani, will remain suspended.
This Application being CRAN 2515 of 2010 is, thus, disposed of.
Since this is a Jail Appeal, the learned Registrar (Administration) is requested to kindly send a copy of this Order to the concerned Jail Authority by Fax.
(Amit Talukdar, J.) (Mrinal Kanti Sinha, J.) 2