CRA/387/2019
2021 Latest Caselaw 4924 Cal

Dl.   September                                  C.R.A. 387 of 2019
50.    20, 2021

                                      Re: CRAN 4 of 2021 (suspension).

                                      Mr. Subrata Karmakar,
                                            ...for the appellants.

This is an application for suspension of sentence and grant of

bail. A co-ordinate bench of this court presided over by the then Hon'ble Chief

Justice at the time of admitting the appeal made the following observation :-

"We have perused the judgment. We are prima facie of the

view that if the convictions were to stand, the penalty handed

down under Sections 489B and 489C IPC and under Sections 4

and 5 of the Explosive Substances Act, 1908 appear to be

grossly inadequate. We, therefore, issue notice to the

appellants/accused persons to show cause why the sentence

imposed on them be not enhanced in accordance with law, if

their conviction ultimately stands following final hearing of this

appeal."

Mr. Subrata Karmakar, learned advocate for the petitioners

submits that reply to the show cause has not yet been filed.

In view of the aforesaid observations and having regard to the

fact that there is no change of circumstances for which we could consider the prayer

for suspension pending the appeal, we dismiss this application.

The report from the criminal section shows that the lower court

records have already been reached this court on January 13, 2020. However, paper

books have not yet been prepared. The department is directed to prepare the

requisite number of paper books within one week after puja vacation and to serve

copies of the same to the learned advocates for the parties.

Liberty to mention the appeal for hearing.

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