Gurupada Sikdar vs Unknown
2021 Latest Caselaw 1723 Cal

05.03.2021
 Mithun
 Sl. No.07
    D/L.
 Ct.No.30.                          CRA/134/ 2020
                                         with
                                   IANo:CRAN/1/2021

                   In re: An application under Section 389(2) of the Code of
                        Criminal Procedure, 1973.      Judgment and order
                        dated 26.02.2020 passed by the learned Additional
                        Sessions    Judge,     1st   Court,   Bankura     in
                        S.C.10(05)2015 in connection with G.R.Case No.748
                        of 2014 arising out of Barjora Police Station Case
                        No.64 of 2014 dated 23.05.2014 under Section
                        376/511 of the Indian Penal Code whereby
                        convicting the appellant and sentenced to suffer
                        rigorous imprisonment for five years for committing
                        offence punishable under Section 354 of the INdian
                        Penal Code.

                   In the matter of : Gurupada Sikdar.
                                                           ...the appellant.




                   Mr.Soumik Ganguly, Adv.
                   Mr.Sandip Chakraborty, Adv.
                                                         ... for the petitioner.

                   Mr.Ranadeb Sengupta, Adv.
                                                              ...for the State.



                   This is an application under Section 389(2) of the Code of

             Criminal Procedure filed by the convict/appellant praying for

             suspension of sentence of bail.

                   It is found from the impugned judgment that charge under

             Sections 376/511 of the Indian Penal Code was framed against

             the accused. He faced the trial. On conclusion of trial, learned
                                 2




Trial Judge held in the impugned judgment that the prosecution

failed to prove the charge under Sections 376/511 of the Indian

Penal Code.      However, the appellant was convicted and

sentenced to suffer imprisonment for five years for committing

offence punishable under Section 354 of the Indian Penal Code.

      Having heard the learned Advocate for the petitioner and

the State respondent and on careful perusal of impugned

judgment, I find that there is prima facie reason to raise a doubt

as to whether specific act of the appellant as narrated by P.W.8

constitutes an offence under Section 354 of the Indian Penal

Code or simply an offence of assault. The appellant was all

along in bail during trial. He never misused the conditions.

Therefore, pending disposal of the instant appeal execution of

sentence be suspended and the appellant be enlarged on bail of

Rs.10,000/- of one surety to the satisfaction of the learned Chief

Judicial Magistrate, Bankura with further conditions that if on

bail, he must visit the Officer-in-Charge of the jurisdictional

Police Station once in a month and shall inform his present

residential address and mobile phone number, if any, by

swearing an affidavit to the Officer-in-Charge of the concerned

police station on the first date of his visit. If the appellant

violates any of the above conditions, the order of bail shall be

cancelled without further reference to this Bench.

(Bibek Chaudhuri, J)