Anarul Hoque @ Sk vs Unknown
2021 Latest Caselaw 3487 Cal

29.06.2021 Item no.1 Ct. No.34 CHC

C.R.A. No.455 of 2018 IA NO: CRAN/2/2019 (Old No: CRAN/3536/2019) CRAN/3/2021

(Through video Conference)

In Re: An application under Section 374 of the Code of Criminal Procedure, 1973.

AND

In the matter of:-

Anarul Hoque @ Sk.

... appellant

Mr. Dipayan Kundu, Mr. Avinaba Patra ...for the appellant

Ms. Faria Hossain ...for the State

The present appeal has been preferred against the judgement

and order of conviction and sentence dated 16.05.2018 and

17.05.2018, passed by the learned Additional District and

Sessions Judge, 5th Court, Malda, wherein the learned court was

pleased to convict the appellant for offence punishable under

Section 489C of the Indian Penal Code and sentenced him to

suffer rigorous imprisonment for five years and to pay a fine of

Rs.10,000/- in default to suffer rigorous imprisonment for six

months.

The impugned judgment reflects that the petitioner was

arrested on 30th June, 2016 and through out the trial and during

the pendency of the appeal the appellant was in custody. As such,

the period of five years have expired in the meantime.

Learned advocate appearing for the appellant submits that as

the appellant has served out the sentence imposed by the learned

trial court, he may be allowed to deposit the amount of fine so

imposed in connection with the instant case and thereafter be

released.

In view of the prayer advanced by the appellant, State has no

submission to be made on the merits of the case. The appellant

may be allowed to deposit the amount of fine and thereafter, be

released, if he is not wanted in any other case.

With the aforesaid observations, Criminal Appeal being

C.R.A.455 of 2018 is disposed of. All pending applications are

consequently disposed of.

Lower Court Records may be directed to be sent back

forthwith to the learned court below.

The department is directed to communicate this order to the

learned trial court.

All parties shall act in terms of copy of this order downloaded

from the official website of this Court.

(Tirthankar Ghosh, J.)