Amir Hossain Alias Khokan Molla vs Unknown
2021 Latest Caselaw 2613 Cal

07.04.2021

Srimanta Ct. No.-30 D/L IA No.: CRAN/2/2021 in CRA/337/2019 (Via Video Conference)

In Re.: An application under Sections 389 of the Code of Criminal Procedure, 1973 in connection with the Judgment and order dated 28.05.2019 passed by the Learned Additional Sessions Judge, Third Fast Track Court, Barasat, North 24-Parganas in S.T. No. 2(7) 2010, Sessions Case No.17(3) 2010 corresponding to G.R. Case No.646/2006 arising out of Barasat P.S. Case No.299 dated 22.04.2006 under Sections 326/307/34 of the Indian Penal Code.

In the matter of : Amir Hossain alias Khokan Molla.

... petitioner.

Mr. Souvik Mitter, Adv., ... for the petitioner.

Mr. Ranabir Ray Chowdhury, Adv., Mr. Mainak Gupta, Adv.

...for the State.

This is an application for suspension of sentence and bail for accused Amir Hossain @ Khokan Molla.

Having heard the learned Advocate for the petitioner and the learned P.P.-in-Charge and on perusal of the entire materials-on-record as well as the impugned judgment, it is ascertained that vide order dated 9th August, 2019 praying for bail of the petitioner was considered by a Coordinate Bench and rejected on the ground that the petitioner is the person who actually caused grievous hurt upon the de facto complainant.

The learned Advocate for the petitioner has prayed for bail on the ground of detention of the petitioner in custody for about two years pending disposal of the appeal. It is also submitted by him that there is no chance for early hearing of the appeal and, therefore, the petitioner may be released on bail.

Learned P.P.-in-Charge, on the other hand, submits that previously a Coordinate Bench of this Court considered the merit of the case and found that there was no ground to suspend sentence of the accused/petitioner. So his prayer for bail was rejected. The petitioner has not been able to make out any case of change of circumstances so that his prayer for bail may be allowed at this stage.

I have perused the judgment. The prima facie evidence against the petitioner is sufficient for the Court to reject the application for bail.

It is found from the office report that the record has already been received by the Criminal Appeal Department. Therefore, the Section Officer, Criminal Appeal Department is directed to take necessary steps for examination of the record and preparation of the paper book within four weeks from the date.

Matter be listed under the heading "for orders" on 10th May, 2021.

(Bibek Chaudhuri, J. )