An Application For Bail Under ... vs Sk. Mustakin Rahman
2021 Latest Caselaw 4974 Cal

Dl.   September                                   C.R.A. 174 of 2019
23.    22, 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. 3941 of 2019 on September 24, 2019;

And

In the matter of : Sk. Mustakin Rahman @ Bablu ...appellant/petitioner.

(in Jail custody) Versus

State of West Bengal ...opposite party.

Mr. Pinaki Bhattacharyya, Mr. Debjyoti Maity, Ms. Rajyashree Mukherjee, ...for the petitioner.

Mr. Debjyoti Deb, ...for the State.

This is an application for suspension of sentence and grant of

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

of conviction dated January 14, 2019 and order of sentence dated January 15, 2019

passed by the learned Additional Sessions Judge, First Court at Uluberia, Howrah,

in Sessions Trial No. 1345 of 2012 arising out of Shyampur Police Station Case No.

12 of 2011 dated January 9, 2011 under Sections 376/417/506 of the Indian Penal

Code.

Having heard the learned advocates appearing for the parties

and considering the evidence of the victim girl and the prosecution witness no. 10

directly implicating the petitioner in the commission of the offence, we are not

inclined in suspending the sentence imposed upon the petitioner and release him on

bail at this stage during the pendency of the instant appeal.

However, we expedite the hearing of the appeal.

It appears that the lower court records have already been

reached this court.

The department concerned is, therefore, directed to see that the

requisite number of paper books is prepared within eight weeks after reopening of

the court after puja vacation for the year 2021.

Liberty to mention the appeal for hearing.

Accordingly, the application for suspension of sentence filed

under C.R.A.N. 3941 of 2019 stands disposed of.

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