Calcutta High Court (Appellete Side)
Tapas Barman & Anr vs Unknown on 18 November, 2021
18.11.2021
Mithun/
Ct.No.42.
IA No: CRAN/1/2021, CRAN/2/2021
In
CRA/292/2021
(Via Video Conference)
In re: An application for suspension of sentence in connection
with the aforesaid appeal under Section 389(2) of the Code of
Criminal Procedure, 1973 in connection with judgment order
dated 4th day of August, 2021 passed by the learned 5 th
Additional District & Sessions Judge, Malda in Sessions Trial
No.80/17, arising out of Session Case No.319/17 corresponding
to Bamangola Police Station Case No.67/2017 dated 6 th day of
April, 2017, under Sections 392/397 of the Indian Penal Code,
and the charges framed under Sections 395/397/412/120B of
the Indian Penal Code read with Section 25/27/35 of Arms Act.
And
In the matter of: Tapas Barman & Anr.
...Appellants.
Ms. Minoti Gomes, Adv.
Mr. Bani Brata Datta, Adv.
Md. Safiur Rahaman, Adv.
...for the appellants.
Mr. Parthapratim Das, Adv.
Ms. Manasi Roy, Adv.
...for the State.
The above-mentioned two applications are filed praying
for suspension of sentence and bail for accused Tapas Barman
and Bikash Mandal @ Tom @ Bijay. It is submitted by the
learned Advocate for the petitioners that in CRAN 1 of 2021,
there is a typographical mistake in Paragraph 9 in place of
Tapas Barman, the name of another person was wrongly
recorded.
The learned Advocate for the petitioner is at liberty to
correct the typographical error in the petition here are now.
Both the petitioners were convicted and sentenced to
suffer rigorous imprisonment for 7 years each and also to pay
fine of Rs.10,000/- each, in default, further rigorous
imprisonment for six months for committing offence under
Section 395 of the Indian Penal Code .
It is submitted by the learned Advocate for the petitioners
that the petitioners were arrested on 10 th April, 2017 and since
then they are in custody. The impugned judgment of conviction
and sentence was passed on 5th August, 2021. Therefore, on
the date of passing of the judgment of conviction and sentence,
the accused/petitioners were in custody for about 4 years and 4
months.
As the petitioners are in custody for more than half of the
sentence to be served out by them pending disposal of the
appeal, execution of sentence is suspended.
The petitioners are enlarged on bail of Rs.10,000/- each
with two sureties of like amount each, to the satisfaction of the
learned Chief Judicial Magistrate, Malda with further conditions
that if on bail, the petitioners shall visit the police station once
in a fortnight and on the first date of visit, they shall file an
affidavit stating their present address and mobile phone
numbers to the Officer-in-Charge of the concerned police
station so that they may be tracked at any point of time. If the
petitioners fail to comply with any of such conditions, the order
of bail shall be cancelled without further reference to the Bench.
The department is directed to call for the lower court
record at once and examine the record and if the record is
found correct, prepare requisite number of paper book within
four weeks from the date of communication of the order.
Let a copy of this order be sent to the department for
information and compliance duly signed by the Officer, attached
to this Court.
The parties are directed to act on the server copy of the
order.
( Bibek Chaudhuri, J. )
