Bikash Malik @ Bikash Majhi & Ors vs Unknown
2021 Latest Caselaw 1607 Cal

01.03.2021
Item no.07.
Court No.1
AB/SDE(t)
                                      (Via Video Conference)

                                      C.R.A. No.254 of 2018
                                               With
                                      I. A. CRAN 1 of 2018
                                     (Old CRAN 3806 of 2018)

                       In the matter of: Bikash Malik @ Bikash Majhi & Ors.

                                                              .... Appellants/
                                                                Applicants.

                        Mr. Bikash Ranjan Bhattacharya, Sr. Adv
                        Mr. Debasish Roy,
                        Mr. Rabi Sankar Chattopadhyay,
                        Mr. Uday Sankar Chattopadhyay,
                        Mr. Suman Sankar Chattopadhyay,
                        Mr. Santanu Majhi,
                        Ms. Snigdha Saha,
                        Mr. Pronay Basak       ...for the Appellants/Applicants.

                        Mr. Arun Kr. Maity,
                        Mr. N.P. Agarwal         ...for the State

                                     In re : CRAN 3806 of 2018

                    We have heard learned Senior Counsel appearing for the

              applicants in this application filed in this appeal arising out of the

              judgment and order of the learned Additional District and Sessions

              Judge, Fast Court, Burdwan, in Sessions Case No.96 of 2013. We

              have also heard Mr. Agarwal, learned Counsel appearing for the

              Prosecution.

                    The substance of the allegation revolves around an incident

              alleged to have occurred between 7.00 a.m. to 11.00 a.m. on

              14.09.2010. There is a political backdrop which is edged to show

              that there was political rivalry and certain issues relating to local

              conditions and the charge was laid alleging offences punishable
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under Sections 147/148/325/427/506 and 302 read with Section

34 of the Indian Penal Code. On conclusion of trial, the Court below

held the accused persons were guilty of offences punishable under

Sections 148/302 read with Section 34 of the Indian Penal Code.

      The learned Senior Counsel for the applicants and the

learned Counsel appearing for the State supporting his submission

argues on the proposition that the findings in the impugned

judgment and order of conviction and sentence are ridden with the

inherent infirmities including the appreciation of evidence and the

material contradictions brought out regarding the testimony of the

different witnesses which have not been appropriately appreciated

by the Court below. He argued that the legal evidence on record

does not justify the conviction of the accused persons. He also

submits that four accused persons and others were on bail during

the course of trial. The incident being on 14.9.2010 and the

conviction and sentence having been handed down ultimately on

17.04.2018

, no incriminating activity has been attributed to the

accused persons while on bail, as granted by the Court of Sessions.

We have perused the judgment including the quality of

findings and the broader conspectus of the allegations qua the

material legal evidence and we are of the view that the final hearing

of this appeal will definitely take much time and it will not be

possible to hear out this appeal at this point of time. We have also

given our anxious consideration to the quality of findings and the

material evidence, which tend to indicate that the applicants are

entitled to an order of suspension of sentence and grant of bail, by

allowing the application being CRAN 3806 of 2018, on stringent

conditions.

Accordingly, we direct that the applicants/appellants shall be

released on bail upon furnishing a bond of Rs.10,000/- (Rupees

Ten thousand only) each with two sureties of like amount each, one

of whom must be a local surety, to the satisfaction of learned Chief

Judicial Magistrate, Purba Burdwan on condition that they shall

report to the Officer-in-Charge of the concerned Police Station once

a month and shall not involve in any incriminating activity in any

manner whatsoever till the disposal of this appeal unless otherwise

ordered.

If any of the conditions imposed on the applicants/appellants

are not complied with or are found to have been breached, order of

suspension of sentence, that is being granted hereby, could be

cancelled or be recalled.

The appellants shall be present or be represented at the

hearing of the appeal.

Let the appeal be listed for final hearing before the

appropriate bench.

The application being C.R.A.N. 3806 of 2018 is allowed.

Urgent Photostat Certified copy of this order, if applied for, be

supplied expeditiously after complying with all necessary legal

formalities.

(Thottathil B. Radhakrishnan, C.J.)

(Shampa Sarkar, J.)