Shri Akash Kumar Roy @ Joydeep vs The State Of West Bengal
2021 Latest Caselaw 2291 Cal

23.03.2021
 05
suman
Ct. 30
                                 CRA 62 of 2018
                                    With
                                CRAN 1 of 2021


                              (Via Video Conference)


            In Re: an application for bail and suspension of sentence
         under Section 389(1) of the Code of Criminal Procedure,
         1973 in connection with G.R. Case No. 2269 of 2017, T.R.
         No.474 of 2017 under Section419/420/467/468/471/120B
         of the Indian Penal Code.

                                  And



         In the matter of:

                     Shri Akash Kumar Roy @ Joydeep
                                    Vs.
                          The State of West Bengal




             Mr. Somnath Banerjee
             Mr. Prateep Bera
             Mr. Pronojit Roy
                              ...for the appellant

             Mr. Sudip Ghosh
                        ...for the State


             The application under Section 389(1) of the Code of

         Criminal Procedure is taken up for hearing. I have heard

         the learned advocate for the petitioner and the learned P.P.-

         in-Charge. I have also perused the impugned judgment.

             The accused was convicted for committing offence under

         Section 120B of the Indian penal Code and sentenced to

         suffer imprisonment for a term of seven years.
                            2




     It is needless to say that the offence of criminal

conspiracy must be in aid of committing some other offence,

in     the    instant   case   offence   is   under   Sections

419/467/468/471

of the Indian Penal Code. Surprisingly

enough the petitioner was acquitted from the charge under

Sections 419/467/468/471 of the Indian Penal Code. While

for the offence under Section 120B of the Indian Penal Code

co-accused persons were sentenced to imprisonment for one

year, the present petitioner was sentenced to suffer

imprisonment for seven years.

Prima facie this Court is not in a position to understand

the sentencing policy adopted by the learned trial Judge.

Considering the complicity of the petitioner I am of the

view that he should be enlarged on bail pending disposal of

the appeal.

The petitioner may find bail of Rs.5,000/- with one surety

of like amount to the satisfaction of the learned A.C.J.M.,

Sealdah with further condition that if on bail he shall meet

the Officer-in-Charge of the jurisdictional P.S. once in a

month and shall produce his residential address proof, copy

of Epic Card and copy of Aadhar Card to the Officer-in-

Charge of the concerned P.S. with an affidavit on the first

date of his visit. If the appellant violates any of the above

conditions, the order of bail shall be cancelled without any

further reference to the Bench.

Since the instant appeal is pending since 2018, office is

directed to take step to bring Lower Court record and after

examination of the Lower Court record paper book be

prepared within four weeks from the date of this order.

CRAN 1 of 2021 is, thus, disposed of.

(Bibek Chaudhuri, J.)