Jit Mallick @ Alamgir vs Unknown
2021 Latest Caselaw 169 Cal

13.01.2021 Mithun Sl. No.15.

D/L.

Ct.No.30 CRA/263/2020 with IA No:CRAN/1/2020, CRAN/2/2021

In Re: An application under Section 389 of the Code of Criminal Procedure, 1973 in connection with Sessions Trial No.23 of 2017, Sessions Case No.132 of 2017, G.R.No.1146 of 2017.

In the matter of : Jit Mallick @ Alamgir.

...Appellant(in Jail).

Mr. Shibaji Kumar Das, Adv.

...for the appellant.

Mr. Bidyut Kumar Roy, Adv., Ms. Baisali Basu, Adv.

... for the State.

The affidavit-of-service be kept with the record.

Petitioner is convicted for committing an offence

under Section 493 of the Indian Penal Code and sentenced

to suffer imprisonment for a term of seven years and also

fine.

It is submitted by the learned Advocate for the

petitioner that during trial of the case, he was all along on

bail. He never misused any conditions of bail. After being

convicted and sentenced to suffer imprisonment, he has

already suffered imprisonment for about three and half

years. Thus, he suffered half of the sentence during the

pendency of the instant appeal.

I have carefully gone through the impugned

judgment and specially the evidence of P.W.1 who is the

de facto complainant/victim of this case.

I am of the view that this is not a fit case where

detention of the appellant during the pendency of the

appeal is necessary. Accordingly, the petitioner be

enlarged on bail of Rs.20,000/- with two sureties of like

amount to the satisfaction of the learned Chief Judicial

Magistrate, Islampur, Uttar Dinajpur on further condition

that if on bail he shall visit the Officer-in-Charge of the

jurisdictional Police Station once in a month during the

pendency of the appeal and shall file an affidavit stating

his residential address to the Officer-in-Charge and shall

be present in Court at the time of hearing of the appeal, if

required. Violations of such condition will entail the

learned Chief Judicial Magistrate to cancel the bail without

further reference to this Court.

CRAN 2 of 2021 is, thus, disposed of.

(Bibek Chaudhuri, J)