Calcutta High Court (Appellete Side)
Md. Bechan @ Zakir.....Convict/ vs Md. Bechan @ Zakir on 27 January, 2012
Author: Kanchan Chakraborty
Bench: Kanchan Chakraborty
1
474
27.01.2012.
s. d. C.R.A 107 of 2011
the matter of : An application for bail under section 389(1) of the
Code of Criminal Procedure being CRAN 2720 of 2011 filed on 21st
December, 2011 in connection with Sessions Trial No. C/No. 424 of
2005 pending before the Ld. Additional Sessions Judge, Fast Track,
1st Court at Howrah under sections 398 of the Indian Penal Code.
-And-
In the matter of : Md. Bechan @ Zakir.....convict/appellant.
.
And In the matter of : Md. Bechan @ Zakir ...petitioner..
Mr. Suman De ......for the appellant.
Mr. Binoy Kumar Panda .....for the State.
Re : CRAN 2720 of 2011
This application being CRAN 2720 of 2011 in connection with appeal has taken out by the appellant Md. Bechen @ Zakir, who has been convicted to suffer R. I. for seven years and to pay a fine of Rs.2000/- i.d. to suffer S. I for two months for committing offence punishable u/s. 398 of the Indian Penal Code. The said convict is further sentenced to R. I for 3 years and to pay a fine of Rs.1000/- i.d. to suffer S. I. for one month for committing offence punishable 1 2 u/s.324/34 IPC and further directing all the sentences shall run concurrently.
Perused the judgement. Heard Mr. De, learned advocate appearing on behalf of the appellant/petitioner. The other convicts namely (1) Md. Salim @ Israil, (2) Md. Raju, (3) Umesh Jadav, (4) Md. Gulfam @ Aktar,(5) Md. Quiser @ Pappu @ Pintu, (6) Sibnath Das have preferred separate appeals and granted bail by this Court.
The appellant/petitioner was all along on bail and taken into custody on the date, the judgement impugned was passed i. e. 28- 04-2010. Since then, he is in custody. There is least possibility of early hearing of this appeal.
Heard the learned advocate appearing on behalf of the convict/appellant as well as the learned advocate appearing on behalf of the State.
Upon consideration of the case and the judgement against the appellant, I allow the prayer for bail. The convict/appellant be enlarged on bail upon furnishing a bond of Rs.10,000/-(ten thousand only) with one surety of like amount 2 3 subject to the satisfaction of the Ld. Chief Judicial Magistrate, Howrah.
The application being CRAN 2720 of 2011 is disposed of accordingly.
Office is directed to call for the Lower Court Records and to prepare the Paper Books as expeditiously as possible preferably within one year from the date of arrival of the records and immediately after the preparation of Paper Books is complete and the appeal is made ready, the same shall be listed for hearing before the appropriate bench having determination under the heading "Appeal Hearing".
( Kanchan Chakraborty, J.) 3 4 4