Jalil Sk. @ Md. Jalil Sk vs Unknown
2021 Latest Caselaw 399 Cal

21.01.2021 Mithun Sl. No.11.

D/L.

Ct.No.30 CRA/680/2019 with I.A. No: CRAN/2/2019 ( Old No:CRAN/4973/2019)

In Re: An application under Section 389 of the Code of Criminal Procedure, judgment and order dated 04.09.2019 and 05.09.2019 passed by the learned Additional District & Sessions Judge, 5th Court, Malda thereby convicting the appellant under Section 489C of the Indian Penal Code and sentenced the appellant to suffer rigorous imprisonment for five years and also to pay a fine of Rs.10,000/- only in default to suffer rigorous imprisonment for six months for the offence punishable under Section 489C of the IPC in S.C. Case No.204 of 2018 corresponding to Sessions Trial Case No.38 of 2018 arising out of Englishbazar Police Station Case No.279 of 2018 dated 27.03.2018 under Sections 489B/489C of the Indian Penal Code (G.R.Case No.1156 of 2018).

In the matter of : Jalil Sk. @ Md. Jalil Sk.

...the appellant.

Mr.Mrityunjoy Chatterjee, Adv, Mr. S.Chakraborty, Adv.

... for the Petitioner.

Mr.Ranabir Ray Chowdhury, Adv ., Mr.Mainak Gupta, Adv.

...for the State.

The petitioner is convicted to suffer rigorous

imprisonment for five (5) years and also to pay a fine of

Rs.10,000/- (Ten Thousand) only in default to suffer

rigorous imprisonment for 6 (six) months for committing

offence punishable under Section 489C of the Indian Penal

Code.

It is submitted by the learned Advocate for the

petitioner that he has already suffered sentence for about

three (3) years. The instant appeal is not yet ready for

hearing. Therefore, he should be released on bail after

suspension of execution of sentence.

Learned P.P.-in-Charge has not raised any objection

against such prayer made by the learned Advocate for the

petitioner. I have also perused the impugned judgment.

The appellant is entitled to be released on bail.

The appellant be enlarged on bail of Rs.20,000/-

with two sureties of Rs.10,000/- each one of whom must

be a local surety to the satisfaction of the learned

Additional Chief Judicial Magistrate, Malda with further

condition that he will meet the Officer-in-Charge of

Englishbazar Police Station once in a month during the

pendency of the appeal and submit his residential address

by swearing an affidavit to the Officer-in-Charge of the

local Police Station on the first day of his visit.

The parties are directed to act on the server copy of

this order.

(Bibek Chaudhuri, J)