Prabir Biswas & Ors vs State Of West Bengal & Anr
2021 Latest Caselaw 26 Cal

04.01.2021 Ct. 30 Sd./27 CRA 705 of 2019 With CRAN 2 of 2020(Old CRAN 139 of 2020)

Prabir Biswas & Ors.vs. State of West Bengal & anr.

Mr. Milon Mukherjee - Sr. Advocate Mr. S. Chakraborty Mr. A.K. Biswas ..For the petitioners/appellants. Mr. Arijit Ganguly Mr. Anik Ghatak ..For the State.

This is an application under section 389 Cr.P.C

arising out of Criminal Appeal No. 705 of 2019.

It is submitted on behalf of the

petitioners/appellants that the appellant no. 1 has been

convicted and sentenced to suffer RI for 5 years for the

commission of offence u/s. 304 Part II of the IPC and fine

with default clause. Similarly, the appellant no. 2 has

been convicted for the charges u/s. 326 IPC and

sentenced to suffer RI for 5 years and fine with default

clause.

The punishment is a term punishment and bail in

connection with the appeal has been sought, inter alia,

on the ground that the appellants faced trial for the last

26 years and they were on bail and since September

2019, they are in jail pursuant to the judgment which is

to be tested in the appeal.

Considering the back ground of the case and the

fact that there may be delay for disposal of the appeal in

view of the pandemic situation, the appellants shall be

released on bail of Rs. 20,000/- each with two sureties

of like amount each, one of whom must be local, subject

to the satisfaction to the learned Chief Judicial

Magistrate, Nadia and on condition that they would

attend the trial court once in a month until further order.

Accordingly, CRAN 139 of 2020 is allowed and

disposed of.

( Shivakant Prasad, J. )