Subhash Das @ Chattu @ Subhas Das vs Unknown
2021 Latest Caselaw 188 Cal

BR 14.1.

5    2021
                                      CRA 235 of 2020
                                           With
                                      CRAN 1 of 2020

In re: An application for bail under Section 374(2) of the Code of Criminal Procedure,1973.

In the matter of :Subhash Das @ Chattu @ Subhas Das @ Chhotu @Chottu and another

Mr. Ayan Bhattacharjee, Mr. Sagar Saha .... For the petitioners

Mr. S.G.Mukherji, Ld. P.P.

Mr. Dipankar Paramanick ... for the State

This is an application for execution of suspension of sentence and prayer for bail made on behalf of the petitioners. It is found from the impugned judgment that the above named petitioners were convicted and sentenced to rigorous imprisonment for four years and also to pay fine of Rs.5,000/- for committing an offence under Section 354 of the Indian Penal Code.

It is submitted by Mr. Bhattacharjee that the petitioners were all along on bail during the trial of the case and they never misused the conditions for bail. Learned counsel refers to the decisions of the Hon'ble Supreme Court in Bhagwan Rama Shinde Gosai & Ors.

-vs- State of Gujarat, reported in (1999) 4 SCC 421 and Suresh Kumar and others -vs- State (NCT of Delhi) reported in (2001) 10 SCC 338 and submits that in case of term imprisonment the petitioners are entitled to be released on bail.

Mr. Mukherjee, learned P.P. -in-Charge has not made any submission with regard to the legal position as to the grant of bail in case of term imprisonment in view of the Hon'ble Supreme Court's judgment. However, it is submitted by Mr. Mukherjee that some stringent

conditions should be imposed so that attendance of the petitioners at the time of hearing of the appeal may be ensured.

Having heard the learned advocates for the petitioners and the State, and on due consideration of the submissions made by them, I am of the view that the petitioners are entitled to be released on bail.

Pending disposal of the appeal the petitioners be

enlarged on bail of Rs. 10,000/- each with two sureties

of like amount each to the satisfaction of the learned Chief

Judicial Magistrate, Malda and on further condition that

if on bail they must visit the Officer-in-Charge of

jurisdictional P.S. once in a month and on their first visit

they shall file an affidavit before the Officer-in-Charge

stating their residential addresses where they would stay

during the pendency of the appeal and will be available at

the time of hearing of the appeal if their presence is

otherwise required.

CRAN 1 of 2020 is, thus, disposed of.

( Bibek Chaudhuri, J. )