An Application For Bail Under ... vs Mithu Sk
2021 Latest Caselaw 5021 Cal

Dl.   September                                     C.R.A. 497 of 2019
20.    24, 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 February 5, 2021;

And

In the matter of : Mithu Sk @ Md. Asraful Islam ...appellant/petitioner.

(in Jail custody) Versus

State of West Bengal & anr. ...opposite party.

Mr. Md. Sabir Ahmed, Mr. Shraman Sarkar, ...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ms. Faria Hossain, Ms. Baisali Basu, ...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 July 24, 2019 and order of sentence dated July 25, 2019 passed

by the learned Additional Sessions Judge, First Court at Berhampore, Murshidabad,

in Sessions Trial No. 15 (03) of 2018 corresponding to Sessions Serial Case No.

549 of 2017.

Keeping in view the Exhibit 3 and the evidence adduced by the

parties in relation to the said exhibit, 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 called

for vide memo dated March 13, 2020, but the same has not yet been received by

this court.

We direct the learned Additional Sessions Judge, First Court at

Berbampore, Murshidabad is directed to transmit the records of Sessions Trial No.

15(03) of 2018 within one week from the date of communication of this order.

The learned Registrar Administration ( L&OM) of this court

shall communicate this order to the trial court immediately for compliance.

The department concerned is directed to see that the requisite

number of paper books is prepared within four weeks after reopening of the court

after puja vacation for the year 2021.

The parties are at liberty to mention the appeal for hearing.

We make it clear that the aforesaid directions are peremptory.

Accordingly, the application for suspension of sentence filed

under C.R.A.N. 1 of 2021 stands disposed of.

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