Rajen Mandal vs The State Of West Bengal
2021 Latest Caselaw 3655 Cal

08.07.2021

suman Ct. 42 CRA 162 of 2015

(Via Video Conference)

In the matter of:

Rajen Mandal Vs.

The State of West Bengal

Mr. Suman De ...for the Appellant

Mr. S. G. Mukherjee, Ld. P.P.

Ms. Faria Hossain Mr. Aniket Mitra ...for the State

It is submitted by Mr. Suman De, learned advocate for

the appellant that the appellant was convicted and

sentenced to suffer simple imprisonment for three years

with fine for the offence punishable under Section 498A of

the Indian Penal Code and also to suffer six years of

rigorous imprisonment and to pay fine for the offence

punishable under Section 306 of the Indian Penal Code. The

accused/appellant was taken into custody to serve sentence

after delivery of the judgment by the trial Court.

Subsequently, the convict/appellant preferred the instant

appeal on 26th March, 2015. On 7th July, 2015 the

appellant's application for suspension of sentence and bail

was taken up for hearing by a Co-ordinate Bench. It appears

from the order dated 7th July, 2015 that the prayer for bail

of the convict/appellant was refused. Subsequently, there is

no order to show that the accused was granted bail.

It is submitted by both Mr. De, learned advocate for the

appellant and Ms. Faria Hossain, learned advocate for the

State that if the accused was in custody from the date of

delivery of the judgment by the trial Court on 27 th February,

2015, it would be found that he has already suffered the

entire period of sentence. In that view of the matter, the

instant appeal may be infructuous.

In view of such circumstances, a report be called for from

the learned Sessions Judge, Coochbehar to apprise this

Court as to whether the appellant/convict has served out

the entire sentence during this period of time.

This refers to Sessions Case No.205/2009 (Sessions Trial

No.01(12)of 2009 disposed of by the learned Additional

Sessions Judge, Fast Track Court at Coochbehar.

Learned Sessions Judge, Coochbehar is directed to

submit such report positively within a fortnight.

Let a copy of this order be sent to the learned Sessions

Judge, Coochbehar for information and compliance through

the learned Registrar Administration (I), High Court,

Calcutta.

List the matter on 23rd July, 2021.

(Bibek Chaudhuri, J.)