Calcutta High Court (Appellete Side)
CRAN-2113-2016 on 16 June, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 86 16.6.2016
p.d. CRAN No.2113 of 2016
in
CRA No.26 of 2016
In re:- Jitendra Pradhan ... Appellant.
Re: An application for suspension of sentence under Section 389 ( 1 ) Cr.P.C. being CRAN No.2113/2016 affirmed on 7.6.2016 in connection with Sessions Trial No.08 of 2015 corresponds to Sessions Case No.28 of 2015.
Mr. Jayanta Narayan Chatterjee, Ms. Sreyashee Biswas ... For the appellant.
Mrs. Subhasree Patel .... For the State.
In a sessions trial, the appellant on being convicted under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life, preferred an appeal directly through the Welfare Officer, Jalpaiguri Central Correctional Home, Jalpaiguri with a prayer that a Lawyer be engaged to conduct the case at the cost of the State.
Accordingly, Lawyers from the panel of the Calcutta High Court Legal Services Committee have been engaged.
Against such order of conviction and sentence, the present appellant has filed a statutory appeal, which has already been admitted. Now, with the liberty granted by the court admitting the appeal, the appellant has approached this Court for suspension of sentence and his release on bail.
2Heard the learned Counsel appearing on behalf of the parties and considered their respective submissions. Perused the impugned judgment as also the depositions of the witnesses produced today in court by the learned Counsel for the appellant.
We find that this is a case based on circumstantial evidence. According to the prosecution, hearing the hue and cry coming out from the house of the appellant, P.W.1 and the other witnesses rushed there and found that the victim was lying dead and the appellant was standing there. During post-mortem, the Doctor found that the victim suffered a homicidal death.
Now, having regard to the same and considering the findings on which the order of conviction is based and the grounds on which the same is under challenge, in our opinion, this is not a fit case for suspension of sentence.
Accordingly, the application for suspension of sentence being CRAN No.2113 of 2016 stands rejected.
Since LCR have already been received by the department concerned, we direct the office to prepare the requisite number of paper books within two months from this date and as soon as the preparation of paper books is complete, a copy thereof be handed over to Ms. Srehyashee Biswas, who is appearing in this matter for the appellant led by Mr. Jayanta Narayan Chatterjee as also to Mrs. Subhasree Patel, the learned Counsel for the State. 3
The learned Counsel for the appellant shall have the liberty to mention the appeal for early hearing before the appropriate Bench.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)