Calcutta High Court (Appellete Side)
Usub Ali vs The State Of West Bengal on 14 December, 2022
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
14.12.2022 S/L No.2 KS C.R.A.(SB) 163 of 2022 With IA No. CRAN 1 of 2022 Usub Ali
-Vs.-
The State of West Bengal In Re: An application under Section 389(2) of the Code of Criminal Procedure.
Mr. Swapan Kumar Mallick Md. Kazi M. Rahaman Ms. S. Das ..... For the Appellant Mr. Rudradipta Nandy Ms. Manisha Sharma Ms. Sonali Das .....For the State Mr. Mallick, learned advocate appearing for the appellant submits that the appellant was on bail during the trial and has been sentenced for a fixed period of term. According to the learned advocate there was no allegation in course of the trial that the appellant has intimidated the witnesses or has evaded the Learned Trial Court while the trial was in progress.
Mr. Nandy, learned advocate appears for the State and opposes the prayer for bail.
Having regard to the fact that the sentence is for a fixed period of term, I direct that the appellant/petitioner would be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction 2 of the Learned C.J.M., Uttar Dinajpur at Raiganj. While on bail, the appellant/petitioner shall meet with the Officer-in-Charge, Hemtabad Police Station once in a month and obtain an acknowledgement. The appellant/petitioner shall once in a month also attend the Learned C.J.M., Uttar Dinajpur at Raiganj and obtain an acknowledgement. Any change of address of the appellant should be immediately informed to the Officer-in- Charge/Inspector-in-Charge of Hemtabad Police Station as well as the Learned C.J.M., Uttar Dinajpur at Raiganj. The aforesaid conditions will continue till further orders of this Court.
With the aforesaid observations, IA No. CRAN 1 of 2022 is disposed of.
Departmental Lay Note reflects that Lower Court Records have not been received.
Accordingly, Learned Registrar Administration (L & OM), High Court, Calcutta is directed to enquire the receipt of the Lower Court Records by the Department so that the Paper Books be prepared by 20 th January, 2023.
List the appeal under the heading "To Be Mentioned" on 24 th January, 2023.
All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court.
(Tirthankar Ghosh, J.)