Calcutta High Court (Appellete Side)
Krishnapada @ Kesto Sutradhar vs The State Of West Bengal on 20 December, 2021
20.12.2021
Item No.06
suman
Ct.42
(Via Video Conference)
CRA 103 of 2021
With
CRAN 1 of 2021
With
CRAN 2 of 2021
In Re: An application under Section 389 of the
Code of Criminal Procedure, 1973.
And
In the matter of: Krishnapada @ Kesto Sutradhar
Vs.
The State of West Bengal
Mr. Amitabha Karmakar
Mr. Arup Kumar Bhowmick
...for the Appellant
Mr. Saswata Gopal Mukherjee
Ms. Sreeparna Das
...for the State
This is an application for renewal of the
prayer for suspension of sentence and bail for
the accused /appellant. Previously the application
was rejected by this Court on 26th March, 2021.
It is submitted by the learned advocate for
the appellant/petitioner vide order dated 26 th
March, 2021 while rejecting the prayer for bail of
the appellant, Section Officer, Criminal Appeal
Section was directed to call for lower Court
records and prepare a paper book so that the
instant appeal can be heard preferably within six
months from the date. But till date lower Court
record has not been received. There is no
certainty whether the appeal can be heard at an
early date or not so that the accused/appellant
may be granted bail.
The appeal was filed in the year 2021.
Notice has already been served upon the learned
trial Court to send the record in connection with
the appeal. It has not been received as yet.
The above ground is not a changed
circumstance for which this Court should suspend
sentence passed by the learned trial Court
against the appellant.
Learned advocate for the appellant has
referred a decision of the Hon'ble Supreme Court
in the case of Bhagwan Rama Shinde Gosai &
Ors. versus State of Gujarat reported in
1999 (4) SCC 421. It is held in the said
judgment that in appropriate cases where the
accused was sentenced to term imprisonment,
the Court of Appeal during pendency of the same
may grant bail to the appellant suspending
sentence for the time being.
Therefore, a discretion is given to the Court
of Appeal in the aforesaid decision to consider
the prayer for bail of the appellant. In the
instant case, the appellant was convicted under
Section 376 of the Indian Penal Code and prima
facie it is established during trial that the
accused gaining trust and confidence of the
victim in the name of offering puja for a child of
the victim committed rape upon her.
Considering such nature of offence I am not
inclined to release the appellant on bail. The
prayer for bail is rejected.
The department is directed to ensure receipt
of the record from the learned trial Judge. The
learned trial Judge is also directed to send the
record within a fortnight after vacation. This has
reference to Sessions Case No.301 of 2014
corresponding to Sessions Trial No.7 of 2015.
If the learned trial Judge fails to send the
record within the said aforesaid period of time,
he shall be personally responsible and necessary
action shall be taken against him for non-
compliance of the Court's order.
CRAN 2 of 2021 is disposed of.
(Bibek Chaudhuri, J.)
