An Application For Bail Under ... vs Ganesh Guria & Anr
2021 Latest Caselaw 4815 Cal

Dl.   September                                  C.R.A. 29 of 2020
29.    14, 2021

                  In the matter of : An application for bail under Section 389(1) of the
                  Code of Criminal Procedure, 1973 filed under C.R.A.N. 1061 of 2020
                  on March 2, 2020;

                                                            And


                  In the matter of : Ganesh Guria & anr.           ...appellants/petitioners.
                                                                       (in Jail custody)
                                             Versus

                                      State of West Bengal         ...respondent/

opposite party.

Mr. Sudipto Moitra, Mr Arindam Jana, Mr. Soomojit Chatterjee, ...for the appellants/petitioners.

Mr. Rana Mukherjee, Mr. Subrata Roy, ...for the State.

This is an application for suspension of sentence and grant of

bail in connection with the appeal preferred by the appellants against the judgment

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

Judge, First Track Court No. 1 at Contai, Purba Medinipur, in Sessions Trial No. 25

December, 2007.

Mr. Sudipto Moitra, learned senior advocate appearing on

behalf of the appellants/petitioners submits that there are inconsistencies in the

evidence of the prosecution witnesses. He further submits that the judgment of the

court below suffers from infirmity. He also submits that the appellants were all

along on bail during the trial, now they are in custody since December 23, 2019. In

such conspectus, the learned advocate for the petitioners seeks suspension of

sentence and grant of bail in favour of the appellants.

The learned lawyer appearing on behalf of the State opposes

the prayer for bail.

We have heard the learned advocates appearing for the parties

and assessed the quality of evidence recorded by the learned trial judge.

Upon hearing the learned advocates appearing for the parties

and on assessment of the prosecution evidence, especially the dying declaration of

the victim, we are not inclined to suspend the sentence imposed upon the appellant

no. 1, namely, Ganesh Guria, and enlarge him on bail.

However, considering all aspects of the matter and bearing in

mind the age of the appellant no. 2, we are inclined to suspend the sentence

imposed upon him and enlarge him on bail.

We, therefore, allow the prayer for suspension of sentence of

the appellant no. 2 and direct that the sentence imposed by the trial court upon the

appellant no. 2 shall remain suspended till disposal of the appeal and the appellant

no. 2, namely, Ratnakar Guria, shall be released on bail to the satisfaction of the

learned Chief Judicial Magistrate at Tamluk, Purba Medinipur, upon furnishing

a bond of Rs. 10,000/- (Rupees ten thousand) only with two sureties of like

amount. .

The application for bail filed under C.R.A.N. 1061 of 2020 is,

thus, disposed of.

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