Calcutta High Court (Appellete Side)
Abdul Latib vs Unknown on 22 November, 2021
22.11.2021
Mithun/
Ct.No.42.
IA No: CRAN/1/2018(Old No:CRAN/3479/2018),
In
CRA/343/2018
(Via Video Conference)
In re: An application for suspension of sentence in connection
with the appeal under Section 389(1) of the Code of Criminal
Procedure, 1973 in connection with judgment and order dated
10.05.2018 and 11.05.2018 passed by learned Additional
Sessions Judge, 2nd Court, Raiganj, Uttar Dinajpur in
connection with Sessions Case No.22/11 (corresponding to
Sessions Trial No.19/08 of 2013) thereby convicting the
appellant for the commission of offences punishable under
Sections 14A(b) of Foreigners Act.
In the matter of: Abdul Latib
...Appellant.
Ms. Amrin Khatoon, Adv.
...for the appellant.
Ms. Anasuya Sinha, Adv.
...for the State.
The instant appeal is directed against the judgment and
order of conviction and sentence passed against the appellant
by the learned Additional Sessions Judge, 2 nd Court, Raiganj,
Uttar Dinajpur convicting the appellant and sentencing him to
suffer simple imprisonment for three (3) years and six (6)
months and fine of Rs.10,000/-, in default, to suffer simple
imprisonment for a term of six (6) months for the charge under
Section 14A(b) of the Foreigners Act.
On the previous occasion it is pleaded by the learned
Advocate for the appellant that the appellant has already
suffered sentence at Behrampur Central Correctional Home. A
report was called for from the Correctional Home Authority to
ascertain its veracity. Such report has already been received
from the Superintendent, Behrampur Central Correctional
Home and placed before this Court by the Assistant Registrar,
Criminal Section. It appears from the said report dated 21 st
September, 2021 that the appellant has already served out the
sentence of simple imprisonment and he is in custody for
three(3) years seven(7) months and fifteen(15) days on the date
of issue of the letter, i.e. 21st September, 2021. As on this day,
the appellant remains in custody for 3 years 9 months
approximately. Therefore, substantive sentence of
imprisonment has already been served out by the appellant.
It is submitted by Ms. Amrin Khatoon, learned Advocate
for the appellant on instruction that the appellant is ready and
willing to pay the fine amount and he does not want to proceed
with the instant appeal.
In view of such circumstances, as the appellant does not
want to proceed with the instant appeal, the same be treated as
dismissed. The lower court record be sent down to the trial
Court forthwith to enable the appellant to make payment of fine
amount.
The learned Trial Judge shall consider as to whether
entire period of substantive imprisonment is served out by the
appellant and the fine amount is paid. On consideration
thereof, the appellant be released from the custody.
On receipt of the lower court record, the learned Trial
Judge shall also take necessary step for pushing him back to
his own Country.
( Bibek Chaudhuri, J. )
