Calcutta High Court (Appellete Side)
Azad Ali @ Azan & Ors vs Unknown on 12 September, 2018
Author: Shivakant Prasad
Bench: Shivakant Prasad
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C.R.A. 18 OF 2018
2.09.18. +
ab CRAN 599 of 2018
Sl. No.06
In the matter of : Azad Ali @ Azan & Ors.
Mrs. Sonali Das
... For the Appellants.
Mr. Parthapratim Das
... For the State.
This is an application under Section 374(2) of the Code of Criminal
Procedure 1973 arising out of Criminal Appeal no. 18 of 2018 whereby the
appellants have challenged the judgement dated 11.12.2017 and order of
conviction dated 12.12.2017 passed by learned Additional Sessions Judge, Fast
Track Court, Ranaghat, Nadia in Sessions Trial No. 09(5)07 arising of Sessions
Case No. 23(10)2005 convicting the appellants under Sections 324/304/34 of the
Indian Penal Code and sentencing to suffer simple imprisonment for one year
each for the offence punishable under Section 324 of the Indian Penal Code and
simple imprisonment for six years each along with fine of Rs. 2000/- each for the
offence punishable under Section 304 of the Indian Penal Code in default to
suffer further simple imprisonment for three months.
The appellants have prayed for suspension of the sentence and earlier
release on bail in connection with the above-referred case.
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Having heard learned Counsel for the appellants and learned Counsel for
the State respondents opposite party and in consideration of the injured
witnesses PW 11 and PW 12 and all the witnesses placed on record. I am inclined to release Nazimuddin @ Nazir Sk on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat. However, having regard to the deposition of the prosecution witness and on perusal of the judgement impugned, prayer of release of rest of the appellants namely, appellant no. 1, 3 to 8 is considered and rejected.
The application being C.R.A.N. 599 of 2018 shall stand disposed of. Call for the L.C.R. within two weeks.
The department is directed to prepare the requisite number of paper books with notice to the learned advocate on records for the appellants and as soon as paper books are made ready this appeal be listed for its hearing.
(Shivakant Prasad, J.)