Calcutta High Court (Appellete Side)
Narendra Prasad vs Unknown on 24 February, 2014
Author: Toufique Uddin
Bench: Toufique Uddin
CRA 93 of 2014 24.02.2014
Court No.29 In re CRAN 795 of 2014: An application for bail under Section 389 of the Item No. 98 Code of Criminal Procedure.
(REJECTED) And In the matter of: Narendra Prasad .....Petitioner Mr. Tapan Dutta Gupta, Advocate .... For the Petitioner Ms. Faria Hossain, Advocate .... For the State This is a case where the present petitioner has been convicted for commission of offence punishable under Sections 489B/489C of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years with further direction to pay fine with default clause.
While canvassing the prayer for suspension of execution of sentence and release of the petitioner on bail, the learned lawyer of the petitioner drew my attention to page 14 of the judgment and submitted that ingredients of Section 489B were wanting in this case. So saying, the learned lawyer of the petitioner prayed for bail.
The learned lawyer of the State resisted the prayer for bail.
Having heard the learned lawyer of both sides and reading between the lines of the impugned judgment, I do not think that this is a fit case for suspension of execution of sentence. Accordingly, the prayer for bail stands rejected.
The application being CRAN 795 of 2014 accordingly stands disposed of.
However, the process of preparation of Paper Book and placing the appeal before the appropriate Bench be expedited.
sn (Toufique Uddin, J)