An Application For Bail Under ... vs Gurupada Mahato @ Guru
2021 Latest Caselaw 4777 Cal

Dl.   September                                 C.R.A. 127 of 2021
22.    13, 2021

In the matter of : An application for bail under Section 389 of the Code of Criminal Procedure, 1973 filed under C.R.A.N. 1 of 2021 on July 26, 2021;

And

In the matter of : Gurupada Mahato @ Guru ...appellant/petitioner.

(in Jail custody) Versus

State of West Bengal ...opposite party.

Mr. Mrityunjoy Chatterjee, Mr. Md. Golam Nure Islam, Mr. Susnigdho Bhattacharyya, Mr. Ashim Debnath, Mr. Debpriyo Majumder, ...for the petitioner.

Mr. Neguige Ahmed, Mr. N. P. Agarwal, Ms. Trina Mitra, ...for the State.

This is an application for suspension of sentence and grant of

bail in connection with an appeal preferred by the appellant against the judgment

and order of conviction and sentence passed by the learned Additional Sessions

Judge at Raghunathpur, Purulia, in Sessions Trial No. 02(11) of 2016 arising out of

Kashipur Police Station Case No. 55 of 2016 dated June 4, 2016 under Sections

302/450 of the Indian Penal Code.

The appellant/petitioner was convicted due to brutal

commission of murder of the deceased established by the evidence of mother and

sister of the victim in the trial. The evidence, prima facie, corroborates the

commission of offence.

Having heard the learned advocates appearing for the parties

and considering the nature and gravity of the offence and involvement of the

petitioner in the commission of the alleged offence, we are not inclined in

suspending the sentence imposed upon the petitioner during the pendency of the

instant appeal, although the petitioner was on bail during the trial.

However, as prayed for, let the hearing of the appeal be

expedited.

It appears that by the order dated May 5, 2021, the Chief

Justice (Acting) directed that the lower court records be called for and the paper

books be prepared within four weeks from the date of receipt of the lower court

records.

We are informed that the lower court records of this case have

not been arrived. In view thereof, the learned Additional Sessions Judge at

Raghunathpur, Purulia, is requested to ensure transmission of the lower court

records relating to Sessions Trial No. 02(11)/16 corresponding to Sessions Case No.

26 of 2016 on or before October 8, 2021.

The department concerned is directed to see that the requisite

number of paper books is prepared by November 30, 2021.

The petitioner shall be at liberty to mention the appeal for early

hearing.

We make it clear that the observations made in this order are

prima facie and shall not influence in any way the disposal of the appeal.

Accordingly, the application for suspension of sentence filed

under C.R.A.N. 1 of 2021 stands disposed of.

dns ( Rabindranath Samanta, J. ) ( Soumen Sen, J. )