Sk. Boby @ Sk. Bobby @ Rahis Bobby vs Unknown
2021 Latest Caselaw 400 Cal

21.01.2021

Srimanta

D/L IA No.: CRAN/1/2020(Old No.: CRAN/3100/2020), CRAN/2/2020(Old No.:CRAN/3101/2020), CRAN/3/2020, CRAN/4/2020 in CRA/175/2020 (Via Video Conference)

In Re : An application under Section 374(2) of the Code of Criminal Procedure, 1973 in connection with the judgment and order dated 05.03.2020 passed by Shri Joyprakash Roy, Assistant Sessions Judge, S.C. Court, Sealdah, District - South 24-Parganas in connection with Sessions S.T.No. 1(4)2013 [S.C.-12(3)2012] (CIS Registration No. S.T. 58/16) arising out of Beniapukur Police Station Case No. 294/2011 dated 13.10.2011 and corresponding G.R.Case No. 2868/2011.

In the matter of : Sk. Boby @ Sk. Bobby @ Rahis Bobby ... Petitioner.

Mr. Prosenjit Mukherjee, Adv., Mr. Saptarshi Chakraborty, Adv., Mr. Jahangir Hossain, Adv., Mr Arghya Kamal Das, Adv.

... for the petitioner.

Mr. Madhusudan Sur, Ld. A.P.P., Mr. Manaranjan Mahata, Adv.

...for the State.

I have heard the Learned Advocate for the accused petitioner and the Learned Public Prosecutor-in-Charge. I have perused the impugned judgement and the copy of the evidence on record annexed with the application for bail.

The Learned Advocate for the petitioner draws my attention that it is doubtful as to whether prosecution case was initiated on 12th October, 2011 or 13th October, 2011. According to the defacto-complainant, his statement was

recorded on 12th October, 2011 but according to the Investigating Officer, his statement was recorded in the hospital on 13th October, 2011. Moreover, one of the eyewitnesses who is the wife of the victim was declared hostile.

On careful perusal of the judgement I find that the Learned Trial Judge has discussed those matters in details and according to him initiation of criminal case against the accused and the time and date for such initiation is minor discrepancy which should be overlooked. It is also found from the evidence of P.W. 3 who turned hostile that the accused is the brother of the said witness. Considering the finding of the Learned Trial Judge in the impugned judgement, I am not inclined to suspend sentence and grant bail to the accused. Prayer is accordingly considered and rejected.

(Bibek Chaudhuri, J. )