Calcutta High Court (Appellete Side)
Khairul Harun Laskar Alias vs Noor Islam Fakir @ Khora Badshah on 14 September, 2021
14.9.2021
Ct-30
ar CRA 612 of 2018
with
IA No. CRAN 1 of 2018
(Old No. CRAN 3456 of 2018)
with
CRA 632 of 2018
with
IA No. CRAN 1 of 2019
(Old No. CRAN 343 of 2019)
In re: An application for bail under Section 389 of the Code of
Criminal Procedure, 1973 filed under CRAN 1 of 2018 in
connection with CRA 612 of 2018 and CRAN 1 of 2019 in
connection with CRA 632 of 2018.
In the matter of: Khairul Harun Laskar alias
Khairul Hassan Laskar alias
Khairul Laskar
and
In the matter of: Noor Islam Fakir @ Khora Badshah
Mr. Arindam Sen
Mr. Saurav Basu .... For the Appellant in
CRA 612 of 2018
Mr. Soubhik Mitter
Ms. Aindrila De .... For the Appellant in
CRA 632 of 2018
Mr. Neguive Ahmed
Ms. Zareen N. Khan
Ms. Trina Mitra .... For the State in
Both the Appeals
This is an application for suspension of sentence and
grant of bail in connection with an appeal (CRA 612 of 2018)
preferred by the appellant against the judgment and order of
conviction and sentence dated 27.9.2018 passed by the
learned Additional Sessions Judge, 6th Court, Alipore, South
24 Parganas, in Sessions Trial No. 02(03) of 2013
corresponding to Sessions Case No. 09(03) of 2012 arising
out of Usthi P.S Case No. 274 of 2011 dated 14th December,
2011 under Sections 273/304(Part-I) of the Indian Penal
Code and in connection with an appeal (CRA 632 of 2018)
preferred by the appellant against the judgment and order
dated 27.9.2018 and 28.9.2018 passed by the learned
Additional Sessions Judge, 6th Court, Alipore, South 24
Parganas in Sessions Trial No. 02(03) and Sessions Case No.
09(03) of 2012 arising out of Usthi P.S Case No. 274 dated
14th December, 2011 under Sections273/304/326/328 of the
Indian Penal Code.
Hundred people were affected due to consumption of
poisonous liquor, which alleged to have been manufactured
by Khora Badsha and distributed through his associates,
namely, Nazrul Laskar @ Kalo, Dukhe Laskar and Khairul
Harun Laskar. In this tragedy some of the affected persons
were permanently blind and lost their lives, which was
revealed from the clear finding of the trial Court.
The involvement of the appellants, in these appeals,
appears to have been prima facie proved by P.W 34 and they
are in custody from 14th December, 2011.
In view of the above, considering the nature and gravity
of the offence we feel that this is not a fit case for suspension
of sentence of the appellants and to release them on bail at
this stage.
CRAN 1 of 2018 and CRAN 1 of 2019 are accordingly
disposed of.
We have been informed by the parties that the paper
books in both the appeals have not yet been prepared.
It appears from the order dated 29th March, 2019 in
connection with CRA 632 of 2018 that lower court records be
positively filed before this court on the next date of hearing
i.e. two weeks from 29th March, 2019.
The department is directed to explain for non-
preparation of the paper books in both the appeals.
In the event the lower court records are received, paper
books should be prepared and filed on or before 28th
September, 2021 when the matter will appear under the
heading "Hearing".
(Rabindranath Samanta,J) (Soumen Sen,J.)
