Calcutta High Court (Appellete Side)
Jamirul Sk vs Unknown on 3 March, 2014
Author: Toufique Uddin
Bench: Toufique Uddin
CRA 90 of 2014 03.03.2014
Court No.21 In re CRAN 909 of 2014: An application for bail under Section 389 (1) of Item No. 105 the Code of Criminal Procedure.
(GRANTED) And In the matter of: Jamirul Sk.
.....Petitioner Mr. Saurav Chatterjee, Advocate .... For the Petitioner Mr. Anjan Dutta, Advocate .... For the State This is a case where the present petitioner has been convicted for commission of offence punishable under Sections 489B/489C/120B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years with further direction to pay fine with default clause.
While canvassing the prayer for bail, the learned lawyer of the petitioner submits that for the first time the petitioner is prying for bail before this Court and the same prayer for bail has not been ventilated earlier. Further it is submitted that out of seven years of sentence, the petitioner has already served out 3 years and 2 months which according to arithmetical calculation in terms of jail code will be around four years.
Heard the learned lawyer of the State who resisted the prayer for bail.
Having heard the learned lawyer of both sides and considering the factum that a substantial portion of the sentence has already been served out by the petitioner and there is no likelihood that immediately the appeal is to be heard as well as the fact that this is a case of term imprisonment, I release the present petitioner on bail by keeping the execution of his sentence suspended, to the extent of Rs.10,000/-, with two sureties of Rs.5,000/- each, one of whom sn must be local, to the satisfaction of learned Chief Metropolitan Magistrate, Calcutta, on condition that the petitioner shall not commit any other offence while on bail and he shall not disturb the hearing of the appeal.
The application being CRAN 909 of 2014 accordingly stands disposed of.
Urgent Xerox Certified copy of this order, be given to the parties, if applied for, upon compliance of necessary formalities.
(Toufique Uddin, J)