An Application For Bail Under ... vs Monirul Molla
2021 Latest Caselaw 4993 Cal

Dl.   September                                  C.R.A. 604 of 2014
5.     23, 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. 1 of 2021 on September 7, 2021;

And

In the matter of : Monirul Molla ...appellant/petitioner.

(in Jail custody) Versus

State of West Bengal ...opposite party.

Mr. Faizur Rahaman, Mr. Prasanta Kumar Mukherjee, Ms. Krishna Yadav, ...for the petitioner.

Mr. Partha Pratim Das, Ms. Manasi Roy, ...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 August 25, 2014 and order of sentence dated August 26, 2014

passed by the learned Additional Sessions Judge, Second Court at Tamluk, Purba

Medinipur, in Sessions Trial No. 04(12) 2013 corresponding to Sessions Case No.

477 (August) 2013.

The learned advocate appearing on behalf of the petitioner

submits that the petitioner is on parole and his application for suspension of

sentence pending hearing of the appeal may be considered.

The learned advocate appearing on behalf of the State produces

before us a crash radiogram message bearing Memo No. 5078/RB dated August 14,

2021 in which it has been stated that after completion of the parole period, the

convict would not be required to surrender before the Baruipur Central Correctional

Home until further order.

There is no immediate threat that the appellant would be taken

into custody. Moreover, we find that the appeal is otherwise ready for hearing.

Under such circumstances, we dispose of this application by

recording that the appellant is presently on parole and there is no immediate threat

of re-arrest nor he is required to be surrendered to the Baruipur Central Correctional

Home immediately.

CRAN 1 of 2021 is thus disposed of.

In view of the fact that the appeal is otherwise ready for

hearing, the appeal shall be listed for hearing on November 15, 2021.

dns

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