In Re:- Ashique Arafat @ Asiq ... vs The State Of West Bengal
2021 Latest Caselaw 3919 Cal

                                                   1




21  23.07.2021
rpan Ct.No.30                           CRA No. 526 of 2015
                                           (Via video Conference)

                             In Re:- Ashique Arafat @ Asiq Arafat & Others
                                                                   - Appellants
                                                    - Vs-
                                         The State of West Bengal
                                                               - Respondent

with CRAN 4 of 2021

In Re:- Ashique Arafat @ Asiq Arafat & Anr.

- Applicants

Mr. Mainak Bakshi ... for the Applicants.

Mr. P. K. Datta, Ms. Sukanya Bhattacharya, Mr. Santanu Deb Roy ... for the State.

In re.: CRAN 4 of 2021

The appellant nos.1 and 5, namely, Ashique Arafat @ Asiq

Arafat and Kamal Nayek in CRA 526 of 2015, being the

applicants herein, have preferred the present application, being

CRAN 4 of 2021 inter alia praying for leave to deposit the fine

amount before the learned trial court.

Mr. Bakshi, learned advocate appearing for the

applicants/appellant nos.1 and 5 submits that the present

appeal was admitted on 21st August, 2015 staying the realization

of fine. The applicants have already suffered imprisonment for

about six years out of the total term imprisonment of ten years

and accordingly, in modification of the order dated 21 st August,

2015, the applicants may be granted leave to deposit the fine

amount.

Mr. Deb Roy, learned advocate appears on behalf of the

State.

Upon hearing the learned advocates appearing for the

respective parties and since the applicants have already served a

substantial period of the term imprisonment, we are inclined to

grant leave to the applicants to deposit the fine amount.

Accordingly, the applicants, namely, Ashique Arafat @

Asiq Arafat and Kamal Nayek being the appellant nos.1 and 5

in CRA 526 of 2015 are allowed to deposit the fine amount, as

stipulated in the judgment and order dated 22.06.2015 and

23.06.2015 respectively passed in S.C. No. 12 (Feb) 2002, S.T.

No.87(03) 2004, before the learned court below subject to the

satisfaction of the learned Chief Judicial Magistrate, Contai,

Purba Medinipur.

The order dated 21st August, 2015 passed in CRA 526 of

2015 is, accordingly, modified and the application, being CRAN

4 of 2021 is disposed of.

All parties shall act on the server copies of this order duly

downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)