Avijit Sikdar vs Unknown
2021 Latest Caselaw 5836 Cal

25.11.2021 Serial no. 12 Srimanta

(Through Video Conference) IA NO.:CRAN/2/2021 in CRA No. 231 of 2020

In re : An Application for suspension of sentence and Bail under Section 498A/304B of the Indian Penal Code in connection with Bongaon Police Station Case No. 229 of 2012 dated 28.03.2012 under Sections 498A/302/307 of the Indian Penal Code.

-And-

In the matter of : Avijit Sikdar ...Appellant.

Mr. Sailendra Nath Chakraborti, Adv.

... ... For the Appellant.

Mr. Zarin N. Khan, Adv., Mr. Ashok Das, Adv.

... ...For the State

This is an application for suspension of sentence and bail filed on behalf of the appellant/accused.

The appellant has filed the appeal assailing the judgment and order of conviction and sentence passed against him under Section 498A/304B of the Indian Penal Code.

I have heard the learned advocate for the appellant/petitioner and the learned Public Prosecutor-in- Charge. I have also perused the judgment. On careful consideration of the evidence of the Medical Officers who were examined as P.W. 7 and P.W. 14 respectively it is found that the victim lady made dying declaration implicating her husband, the appellant herein as perpetrator of offence.

Considering the nature and gravity of offence, I am of the view that the instant appeal ought to be heard keeping the accused in custody. Therefore, prayer for bail is rejected.

The office is directed to take immediate step to bring the Lower Court Records for preparation of requisite numbers

of informal paper books so that the instant appeal may be heard expeditiously.

List the matter in the Combined Monthly List of January, 2022.

IA NO.:CRAN/2/2021 is disposed of.

(Bibek Chaudhuri, J.)