Lakshmi Ram Hembram @ vs Unknown
2021 Latest Caselaw 4957 Cal

21.9.2021

Ct-30 ar CRA 597 of 2019 with IA No. CRAN 1 of 2020 (Old No. CRAN 592 of 2020)

In re: An application for bail under Section 389 of the Code of Criminal Procedure, 1973 filed under CRAN 1 of 2020.

In the matter of: Lakshmi Ram Hembram @ Laxmiram Hembram

Mr. Dipayan Kundu .... For the Appellant

Ms. Sreyashee Biswas Mr. N.P Agarwala .... 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 dated 26.8.2019 passed by the learned Additional Sessions Judge, 2nd Court, Hooghly, in Sessions Trial No. 18 of 2013 corresponding to Sessions Case No. 117 of 2013 under Sections 341/302/34 of the Indian Penal Code.

From the reading of the trial court's judgment and the available records we find that the conviction is based on the evidence of P.W 5 and the petitioner was found to have committed the crime.

In view of such evidence, we are not inclined to release the appellant on bail at this stage. The prayer for suspension of sentence is refused.

In view of the above, CRAN 1 of 2020 (CRAN 592 of 2020) is disposed of.

We direct the Registrar (Administration) to send immediate reminder to the learned trial Judge regarding the transmission of lower court records in connection with Sessions Trial No. 18 of 2013.

The department shall prepare the paper book after four weeks upon receiving the same.

Liberty to mention for early hearing of the appeal.

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