Semim Khan & Another vs Unknown
2021 Latest Caselaw 2113 Cal

BR   18.3.
10   2021
                                    CRA 37 of 2021
                                         With
                                 IA No. CRAN 1 of 2021

             .

In the matter of : Semim Khan & another .... Appellants

In Re : An application under Section 389 (1) of the Code of Criminal Procedure in connection with Sessions Case No. 123 of 2016 and Sessions Trial No. 10/January/2017 corresponding to CIS NO. 456 of 2016 under Section 307/324 of Indian Penal Code.

Mr. Saikat Chatterjee, Mr. Abdur Rakib, Mr. Rudraksha Chattopadhyay ...... for the Appellants

Ms. Faria Hossain, Ms. Baisali Basu ... for the State.

It is submitted on behalf of the petitioner that they were on bail during trial of the case. The appellant no. 1 was convicted for committing offence under Section 307 of the Indian Penal Code while the appellant NO. 2 was convicted for committing offence under Section 324 of Indian Penal Code and sentenced to suffer Rigorous Imprisonment for three years with fine and default clause. Though the appellant no 2 was sentenced to suffer R.I. for three years for committing offence under Section 324 of IPC, he left the Court after pronouncement of judgment and subsequently surrendered on 18th January, 2021. As the appellant no. 2 violated the conditions for bail he was taken to custody on 18th January, 2021 by the learned Trial Judge.

It is submitted by the learned advocate for the State-respondent that from the evidence on record it is ascertained that the appellant no. 1 fired at the victim who sustained bullet injury on his left soldier .

Considering the nature of injury and the

manner in which the same was caused, learned advocate for the State-respondent has raised objection against the prayer made by the appellant no. 1.

Having heard the learned counsels for the parties , this Court is of the view that both the accused persons suffered term imprisonment and conduct of the appellant no. 1 during trial was satisfactory. There is nothing on record wherefrom this Court can come to a finding that there is a special reason to deny bail of appellant no 1 though he is suffering term imprisonment.

For the reasons stated above, the prayer for bail of both the appellants are granted. The appellants are enlarged on bail of Rs. 20,000/- (Twenty thousand ) with two sureties of Rs. 10,000/- each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rampurhat with further condition that if on bail the appellants shall meet the Officer-in-Charge of Rampurhat Police Station once in a month and shall file an affidavit stating their residential address, Aadhar Card number and EPIC card number as well as mobile numbers , if any and hand over the same on the first day of visit to the Officer-in-Charge of jurisdictional P.S. If the appellants violate any of the above conditions the order of bail shall be cancelled without further reference to this Bench.

( Bibek Chaudhuri, J. )