An Application For Bail Under ... vs Sagar Bachar
2021 Latest Caselaw 4994 Cal

Dl.   September                                 C.R.A. 285 of 2020
37.    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. 2 of 2021 on
                  January 28, 2021;

                                                           And


                  In the matter of : Sagar Bachar                  ...appellant/petitioner.
                                                                       (in Jail custody)
                                             Versus

                                      State of West Bengal         ...respondent/

opposite party.

Mr. Soubhik Mitter, Ms. Aindrila De, Ms. Amrita Maji, ...for the appellant/petitioner.

Mr. Madhusudan Sur, Mr. Dipankar Pramanik, ...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

and order of conviction and sentence passed by the learned Additional Sessions

Judge at Kalna, Purba Bardhaman, in Sessions Trial No. 36 of 2017 corresponding

to Sessions Case No. 62 of 2017.

The learned advocate appearing on behalf of the

appellant/petitioner has relied upon our order dated September 14, 2021 passed in

C.R.A. 102 of 2020 and submits that the present petitioner stands on the same

footing as that of Pritam Karmakar @ Donka, who was the petitioner in C.R.A. 102

of 2020, in favour of whom we had granted bail pending the appeal.

The learned lawyer appearing on behalf of the State, in all

fairness, submits that the present petitioner stands on the same footing as that of

Pritam Karmakar @ Donka, the appellant in the other matter. he, however, opposes

the prayer for bail.

In view of the fact that the present petitioner is similarly

circumstanced as that of Pritam Karmakar @ Donka, we are inclined to suspend the

sentence imposed upon the present appellant and release him on bail on the same

terms and conditions imposed upon the appellant in CRA 102 of 2020. .

We, therefore, allow the prayer for suspension of sentence of

the appellant and direct that the sentence imposed by the trial court upon the

appellant shall remain suspended till disposal of the appeal and the appellant,

namely, Sagar Bachar, shall be released on bail to the satisfaction of the learned

Chief Judicial Magistrate at Purba Bardhaman, upon furnishing a bond of Rs.

10,000/- (Rupees ten thousand) only with two sureties of like amount, one of

whom must be local, on condition that he shall attend the officer in-charge of Kalna

police station once in a fortnight until further order.

The application for bail filed under C.R.A.N. 2 of 2021 is, thus,

disposed of.

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