439 Of The Code Of Criminal ... vs In Re: Nirmal Roy
2021 Latest Caselaw 3110 Cal

27.05.2021 Sl No.24 Ct. No.19 S.De CRAN 2 of 2021 in CRA 110 of 2021

In Re: An application for bail under Section 389 read with Section 439 of the Code of Criminal Procedure And In Re: Nirmal Roy ... ... Appellant.

Mr. Sabir Ahmed Ms. Pampa Dey (Dhabal) ... for the appellant.

Mr. Bidyut Kr. Roy Ms. Rita Dutta ... ... for the State.

The instant appeal is directed against a judgment and order

dated January 28, 2020 passed by the learned Additional District

& Sessions Judge, Bolpur in Sessions Trial No.01 (March) 2017

arising out of Sessions Case No.66 of 2016.

The appellant was found guilty for the offence punishable

under Section 306 of the Indian Penal Code and the learned

Sessions Judge awarded simple imprisonment for a period of five

years along with fine and in default of payment of fine a further

simple imprisonment for a period of three months.

Mr. Ahmed, the learned advocate for the appellant submits

that the appellant was arrested on March 19, 2016 and he is still

in jail custody.

Mr. Roy, the learned advocate appears for the State and

submits that the instant appeal is to be heard out expeditiously.

He, however, did not dispute the fact that the appellant is in jail

custody since March 19, 2016.

Having considered the materials on record and bearing in

mind the period of detention of the appellant and the fact that the

sentence is one of simple imprisonment for a fixed term as

indicated hereinbefore, I am inclined to grant bail to the appellant.

The appellant namely Nirmal Roy shall be released on bail

upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand

Only) with two sureties of like amount, one of whom must be local

to the satisfaction of the learned Additional Chief Judicial

Magistrate, Bolpur subject to the condition that he shall appear

before the concerned Magistrate once in a month and shall also

report to the local police station once in a month till disposal of

the appeal.

The application being CRAN 2 of 2021 is disposed of.

Let the hearing of the appeal be expedited.

Urgent certified copy of this order, if applied for, be made

available to the parties upon compliance of the requisite

formalities.

(Hiranmay Bhattacharyya, J.)