Dibakar Dey vs Unknown
2021 Latest Caselaw 603 Cal

27.01.2021 Mithun Sl. No.21.

D/L.

Ct.No.30 CRA/195/2020 with I.A.No: CRAN/1/2020(Old No.CRAN/4643/2020), CRAN/2/2021

In re: A memorandum of appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 regarding judgement and order dated 3rd March, 2020 passed by Sri Bhawani Shanker Sharma, the learned Additional Sessions Judge, 4th Court, Malda in connection with Sessions Trial No.16(3)/2014 corresponding to Sessions Case No.449/2013 (718/14), arising out of (GR Case No.2331/2008) English Bazar Police Station Case No.484/2008 dated 09.10.2008, thereby convicting the appellant for commission of offences punishable under Sections 326/120B and under Sections 307/120B of the Indian Penal Code.

In the matter of : Dibakar Dey.

...the appellant.

Mr.Sourav Chatterjee, Adv, Mr.Satadru Lahiri, Adv.

Mr.Aniruddha Bhattacharya, Adv, Mr. Safdar Azam, Adv.

...for the appellant.

Mr.Rana Mukherjee, Adv., Ms.S.Das, Adv.

...for the State.

Learned Advocate for the appellant/petitioner has

prayed for suspension of execution of sentence and bail

pending disposal of the appeal for the appellant/accused

on the ground that co-accused in the same case who filed

CRA 159 of 2020 was granted bail vide order dated 15 th

January, 2021. The petitioner being on same footing may

be released on bail.

Learned P.P.-in-Charge, on the other hand, submits

that the appellant is assailant who injured the victim and

in view of such complicity and specific finding of the

learned Court below, he has raised objection against the

prayer for bail.

I have carefully perused the impugned judgment.

Co-accused person has already been released on bail. The

appellant is in custody for approximately one year. Lower

Court Record has already been called for. Considering

such aspect of the matter I am inclined to release the

present appellant/petitioner on bail on suspension of

execution of the sentence passed by the learned Trial

Judge till the disposal of the appeal.

The petitioner be enlarged on bail of Rs.10,000/-

only, with two sureties of like amount each, subject to the

satisfaction of the learned Chief Judicial Magistrate, Malda

and with further condition that she will be available in

course of hearing of the appeal, if at all required by this

Court and, she would visit the jurisdictional police station

once in a month during the pendency of the appeal.

(Bibek Chaudhuri, J)