Aloke Kumar Dey @ Apu vs The State Of West Bengal
2021 Latest Caselaw 6425 Cal

20.12.2021
Item No.04
suman
Ct.42
                            (Via Video Conference)

                             CRA 287 of 2021
                                  With
                            CRAN 3 of 2021


                In Re: An application for suspension of sentence
               under Section 389(1) of the Code of Criminal
               Procedure, 1973.


                                 And

               In the matter of:        Aloke Kumar Dey @ Apu
                                                 Vs.
                                       The State of West Bengal


                     Ms. Minoti Gomes
                     Mr. Mazhar Hossain Chowdhury
                               ...for the appellant

                     Mr. Ranabir Roy Chowdhury
                     Mr. Mainak Gupta
                                     ...for the State



                 This is an application for suspension of sentence

             filed    on   behalf   of    the   appellant/petitioner   in

             connection      with   Sessions    Case    No.   384/2017

             (429/17) corresponding to Sessions Trial No.53(11)

             of 2017 the appellant was convicted and sentenced to

             suffer simple imprisonment for one month and to pay

             fine of Rs.5,000/- with default clause for committing

             offence under Section 341 of the Indian Penal Code.

             The appellant was also sentenced to suffer rigorous
                         2




imprisonment for five years and to pay fine of

Rs.15,000/-     with default        clause for the offence

punishable under Section 326 of the Indian Penal

Code.     He was also sentenced to suffer rigorous

imprisonment for seven years and to pay fine of

Rs.25,000/-      with   default      clause       for    committing

offence under Section 307 of the Indian Penal Code.

   It is submitted by the learned advocate for the

petitioner that the petitioner has already suffered

sentence for about 2 years and nine months. Since

the petitioner was sentenced to term imprisonment,

he may be released on bail considering the period of

detention in custody.

   Learned       P.P.-in-charge       has     raised       objection

against   the    prayer       for   bail    and     submits      that

suspension of sentence and bail in case of term

imprisonment is not automatic and only in proper

cases, in view of the decisions of the Hon'ble

Supreme Court in Bhagwan Rama Shinde Gosai &

Ors. versus State of Gujarat reported in 1999 (4)

SCC 421 and Kiran Kumar versus State of M.P.

reported in (2001) C Cr. LR (SC) 6. the Court can

pass    an     order    suspending         sentence        of    term

imprisonment.

   The       accused    was     sentenced     to        suffer   term

imprisonment for committing offence under Sections
                     3




341/326/307

of the Indian Penal Code. I have gone

through the impugned judgment. In my view this is a

fit case where the Court should exercise its judicial

discretion and sentence may be suspended granting

bail to the accused during pendency of the appeal.

Therefore, the appellant is enlarged on bail of

Rs.10,000/- with one surety of like amount to the

satisfaction of the learned Chief Judicial Magistrate,

Malda with further condition that if on bail he shall

meet the Officer-in-charge of English Bazar police

station once in a month and on his first visit he shall

file an affidavit before the Officer-in-charge of the

concerned P.S. stating his residential address, Aadhar

number and mobile phone number, if any so that his

whereabouts may be tracked during pendency of the

instant appeal.

If the appellant fails to comply with any of the

above conditions, the order of bail shall be cancelled

without further reference to this Bench.

The instant application is, thus, disposed of.

(Bibek Chaudhuri, J.)