Soumik Roy vs State Of West Bengal
2021 Latest Caselaw 42 Cal

05.01.2021
Ct. 30
Sd./7               CRA 546 of 2017
                         With
                    CRAN 3750 of 2020

                   Soumik Roy vs. State of West Bengal


                   Mr. Milon Mukheherjee-Sr. Advocate
                   Mr. Manas Dasgupta
                   Mr. B. Manna
                                 ...For the appellant/petitioner.
                   Mr. Swapan Banerjee
                   Ms. Purnima Ghosh
                                 ... For the state.



                   This is third round of application for suspension of

             sentence awarded against the petitioner vide impugned

             judgment which is under appeal being number CRA 546

             of 2017.

                   It is submitted that previous applications were

             rejected on consideration of the offence under sections

             376   and    354A      IPC,     whereunder       the   accused

             petitioner/appellant    was sentenced to suffer RI for one

             year for the offence u/s 354A IPC and also sentenced to

             RI for 7 years and fine of Rs. 5,000/- with default clause

             for the offence u/s. 376 IPC.

                   The   question   raised    before   this    Court   while

             advocating release of the appellant is that the charge

             under section 376 IPC would not lie in the perspective of

             the fact as disclosed by the prosecution which is evident

             from the FIR. Accordingly, the suspension of the

             sentence is sought for at this stage.
                             2




      Now this Court has ascertained that the matter is

ready for hearing on its merit and paper books were

made ready and were served on the parties.

      Therefore, by consent of parties, list the matter on

13.01.2021

at 3.00 p.m. under the heading Hearing.

Accordingly, CRAN 3750 of 2020 be treated as

disposed of.

( Shivakant Prasad, J. )