Pritam Karmakar @ Donka vs State Of West Bengal
2021 Latest Caselaw 4813 Cal

C.R.A. 102 of 2020

30. With 14-09-2021 CRAN 2 of 2020 sg Court 30 (Via Video Conference)

Pritam Karmakar @ Donka Versus State of West Bengal

Ms. Anasuya Sinha, Adv.

       Allowed     Mr. Avishek Sinha, Adv.
                   Ms. Jonaki Saha, Adv.
                                                                                  ...for the appellant.
                   Mr. Neguive Ahmed, APP
                   Mr. N.P. Agarwal, Adv.
                   Ms. Amita Gour, Adv.
                                                                                      ...for the State.

This is an application for suspension of sentence and grant of bail

pending appeal preferred against the judgment of conviction and order of

sentence be passed by the learned trial judge.

Ms. Anasuya Sinha, learned Counsel appearing for the appellant

submits that there are inconsistencies in evidence of the prosecution. The

appellant was not placed for test identification parade for identification like

some other accused persons. The learned Counsel submits that the learned trial

judge recorded conviction on the basis of the statements recorded under sections

161 and 164 of Code of Criminal Procedure of some of the witnesses and not on

any evidence which appears to be trustworthy towards conviction. The learned

lawyer further submits that the appellant is in custody for more than four and

half years and there is no possibility of disposal of the appeal shortly. On such

conspectus, the learned lawyer submits that the sentence be suspended and

appellant be enlarged on bail.

Mr. Ahmed, learned Counsel appearing on behalf of the State

vehemently opposes the prayer of the appellant. He draws our attention to some

part of the prosecution evidence to justify the conviction. On such score, he

submits that the prayer made by the appellant is liable to be rejected.

We have heard the learned Advocates appearing for the parties and

assessed the quality of the evidence recorded by the learned trial court.

Upon hearing the learned Advocates for the parties, it appears to us that

prima facie the appellant has presented an arguable case towards success in the

appeal. The appellant is in incarceration for more than four and half years. We

do not see that the appeal may be disposed of within a measurable time.

In view of the above and in the light of the legal principles enunciated

by the Hon'ble Apex Court in the decisions of Kashmira Singh vs. The State of

Punjab reported in (1977) 4 SCC 291 and Babu Singh & Ors. vs. The State of

Uttar Pradesh reported in (1978) 1 SC 579, we are inclined to suspend the

sentence and enlarge the appellant on bail on the following conditions.

Accordingly, sentence is suspended till disposal of the appeal and we

direct that the appellant may be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each,

one of whom must be local, to the satisfaction of the learned Additional Chief

Judicial Magistrate, Kalna, Purba Bardhaman. The appellant is directed to meet

the Officer-in-Charge of Kalna Police Station once in a fortnight until further

order.

Paper books be prepared within four weeks from the date of receipt of

the Lower Court Records.

CRAN 2 of 2020 is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded

from the official website of this Court.

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