Calcutta High Court (Appellete Side)
Bimal Chandra Barman vs Unknown on 23 February, 2021
23.02.2021
Item no.09
Court No.1
(Via Video Conference)
C.R.A. No.64 of 2020
With
I. A. CRAN 1 of 2020
(Old CRAN 979 of 2020)
In the matter of: Bimal Chandra Barman
@ Amal & Anr.
.... Appellants/
Petitioners
Mr. Sekhar Kumar Basu, Sr. Adv,
Mr. Kushal Mukherjee,
Smt. Suchismita Dutta,
Mr. Sayan Mukherjee ...for the Appellants
Mr. Rana Mukheree, Ld. APP
Smt. Rita Dutta ...for the State
This is an application by the appellants for suspension of
sentence and grant of bail pending disposal of the appeal against
the Judgment and Order dated January 7, 2020 / January 9, 2020
passed in Sessions Case No.267 of 2013, ST No.07 (01) 2014
whereby the appellants/accused persons were sentenced to suffer
life imprisonment for the offence found to be punishable under
Sections 302/34 of the Indian Penal Code.
The prosecution case is that the victim had taken a loan of
Rs.50,000/- from the father of the appellants. There was a delay on
the part of the victim to repay the loan and for that reason the
appellants demanded interest from the victim. The victim did not
agree to pay such interest. Accordingly, disputes arose. On the day
of the occurrence, i.e., June 11, 2012 the victim was returning
from the market on his bicycle. On the way, the appellants
intercepted him and beat him up with bamboo sticks, thereby
injuring him severely. The victim was taken to hospital by PW-4.
On June 13, 2012 the victim was shifted to another hospital where
he succumbed to the injuries on June 18, 2012.
We have heard Learned Counsel for the parties and sifted the
evidence on record. The case of the victim having taken a loan is
supported by PW-1 only, who is the wife of the victim. There are no
eye witnesses to the incident. The decision of the Trial Judge
appears to be based entirely on circumstantial evidence. It appears
that the victim, when he was admitted to the first hospital, had
made a declaration before PW-10 that the first appellant had
attacked him and inflicted injury on him. There was no statement
against the second appellant. The evidential weight of such
statement against the first appellant has to be assessed at the final
hearing of the appeal. There appears to be nothing on record as
regards the treatment administered to the victim and his condition
between June 11, 2012 and June 18, 2012 when he passed away.
On an overall assessment of the legal evidence on record and
assimilation of the evidence by the Learned Trial Court, we are of
the view that it cannot be said that the appellants do not have any
chance of succeeding in the appeal. Further, the appellants were all
along on bail during the trial and it is nobody's case that the
appellants or either of them jumped bail or breached any condition
of bail. We also keep in mind the principles laid down by the
Hon'ble Supreme Court in the case of Kashmira Singh v. State of
Punjab: (1977) 4 SCC 291 coupled with the fact that there is little
chance of hearing of this appeal in the new future.
For the reasons aforestated, we are of the opinion that the
appellants have made out a case for suspension of the sentence
imposed on them by the Learned Trial Judge and grant of bail
pending disposal of the appeal.
Accordingly, the 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,
Dakshin Dinajpur at Balurghat on condition that they shall report
to the Officer-in-charge of the concerned Police Station once a
month till the disposal of this appeal unless otherwise ordered.
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.
The application being C.R.A.N. 979 of 2020 is allowed.
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.)
