Swarup Sen vs Unknown
2021 Latest Caselaw 2109 Cal

BR   18.3.
9    2021
                               CRA 460 of 2019
                                      With
             CRAN 2 of 2020 (old No. CRAN 2987 of 2020), CRAN 3
             of 2020 (old No. CRAN 2988 of 2020, CRAN 4 of 2021.
             .

In the matter of : Swarup Sen .... appellant In re : An application under Section 389 of the Criminal Procedure Code..

Mr. Uday Sankar Chattopadhyay Ms. Snigdha Saha ..... for the appellant

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta ... for the State

This is an application under Section 389 of the Code of Criminal Procedure filed on behalf of appellant Swarup Sen for suspension of sentence and bail The appellant was convicted for committing offences under Section 272/273/34 of Indian Penal Code.

It is submitted by the learned advocate for the appellant /petitioner that co-appellant, namely Debabrata Saha from whose possession 5 (five ) kgs. of rotten meet was recovered and found by cooking and seized was granted bail by a coordinate Bench vide an order dated 5th January, 2021. The learned advocate for the petitioner has addressed to place himself in better footing on the ground that three kgs. of rotten fish was recovered from him. It is also submitted by the learned advocate for the petitioner that he is in custody and suffering sentence for about one year and six months. The appeal has been admitted and during pendency of the appeal he also should be released on bail being on the same footing with appellant Debabrata Saha who has been bailed out.

Learned advocate for the State, on the other hand submits that prayer for bail of the appellant was

previously rejected on two occasions. This is the thi4d petition where the petitioner renews his prayer for suspension of sentence and bail.

Paper book has been prepared and the appeal is ready for hearing. At this stage the accused should not be granted bail.

Having heard the learned advocates for the parties and on perusal of the record it is found that the learned trial Judge had to pronounce judgment against the accused persons while they were absconding. Therefore , the conduct of the accused persons were not satisfactory during trial. Since the appeal is otherwise ready for hearing, I am no inclined to release the petitioner on bail.

The learned advocate for the appellant is requested to receive the paper book from the department within seven days from the date of this order.

Let the appeal be listed for hearing on 31 st March,2021.

( Bibek Chaudhuri, J. )