Calcutta High Court (Appellete Side)
Joydev Mondal @ Makhan & Others vs Unknown on 23 April, 2021
23.04.2021
Item no.9.
Court No.1
AB/SDE (a)
(Via Video Conference)
C.R.A. No.329 of 2011
With
I. A. CRAN 3 of 2020
I. A. CRAN 4 of 2020
I. A. CRAN 5 of 2020
I. A. CRAN 6 of 2020
I. A. CRAN 7 of 2020
I. A. CRAN 8 of 2020
In the matter of : Joydev Mondal @ Makhan & Others
.... Appellants/
Applicants.
Mr. Milan Mukherjee, Sr. Adv,
Mr. Tapan Dutta Gupta,
Mr. Biswajit Manna ...for the Appellant/Applicants.
Mr. Sanjay Bardhan,
Ms. Manisha Sharma ...for the State
In re : I. A. CRAN 3 of 2020
I. A. CRAN 4 of 2020
I. A. CRAN 5 of 2020
I. A. CRAN 6 of 2020
I. A. CRAN 7 of 2020
I. A. CRAN 8 of 2020
Out of 20 accused persons, six persons were convicted under
various Sections of the Indian Penal Code, the Arms Act and the
Explosive Substances Act. The present applicants were convicted
and sentenced to suffer life imprisonment by the judgment and
order dated April 12, 2011, passed by the learned Additional
Sessions Judge, Fast Track Court, Bolpur, Birbhum, in Sessions
Case No. 33/2007 (Sessions Trial No. 5 of April, 2007).
Two of the convicted persons were granted bail by this Court
vide an order dated 18th August, 2020, passed in CRAN 892 of
2014. Learned Senior Counsel for the applicants submits that the
applicants stand on the same footing as those, who were granted
bail earlier. The applicants have been in custody for about 15 years
and one month.
Learned Counsel for the State submits that the guilt of the
applicants has been established to the hilt and there is sufficient
evidence to sustain the charges against them.
Be that as it may, two of the six convicted persons have been
enlarged on bail. There is no real likelihood of the appeal being
heard at an early date. Following the principle of law laid down in
the case of Kashmira Singh Vs State of Punjab reported in
(1977) 4 SCC 291, we are inclined to grant bail to the applicants
after suspension of the sentence imposed on them, but on terms.
Accordingly, we direct that the applicants/appellants shall be
released on bail upon furnishing a bond of Rs.10,000/- (Rupees
Ten thousand only) each with two sureties of like amount each, one
of whom must be a local surety, to the satisfaction of learned Chief
Judicial Magistrate, Birbhum at Suri on condition that they shall
report to the Officer-in-Charge of the concerned Police Station every
fortnight and shall not be involved in any incriminating activity in
any manner whatsoever.
If any of the conditions imposed on the applicants/appellants
is not complied with or is found to have been breached, the order of
suspension of sentence, that is being granted hereby, shall be liable
to be cancelled.
The appellants shall be present or be represented at the
hearing of the appeal.
Paper Books be prepared within four weeks from the date of
receipt of lower court records.
Let the appeal be listed for final hearing as soon as paper
books are ready.
All the applications, as referred to above, are disposed of.
Urgent Photostat Certified copy of this order, if applied for, be
supplied expeditiously after complying with all necessary legal
formalities.
(Thottathil B. Radhakrishnan, C.J.)
(Arijit Banerjee, J.)
