An Application For Bail Under ... vs Balbir Singh & Anr
2021 Latest Caselaw 5026 Cal

Dl.   September                                  C.R.A. 358 of 2018
4.     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. 2327 of 2019 on June 27, 2019;

And

In the matter of : Balbir Singh & anr. ...appellants/petitioners.

(in Jail custody) Versus

State of West Bengal ...opposite party.

Mr. Jayanta Narayan Chatterjee, Mr. Debashis Banerjee, Mr. Apalak Basu, Mr. Nazir Ahmed, Mr. Supreem Naskar, Ms. Jayashree Patra, Ms. Ritushree Banerjee, ...for the petitioners.

Mr. Sanjay Bardhan, ...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, 12th Court at Alipore, South 24-Parganas, in Sessions Trial No. 03 (04) 2016

corresponding to Sessions Case No. 04 (02) of 2016.

We have heard the learned advocates appearing for the parties.

we feel that this application should be heard along with the appeal.

The paper books have not yet prepared. We have perused the

report filed by the Superintendent, Criminal Section (Appeal & Misc. Wing).

We direct the learned Registrar Administration ( L&OM) of

this court to sent down the lower court records to the learned Additional Sessions

Judge, 12th Court at Alipore, South 24-Parganas, by Tuesday next for removing the

defects as indicated in the office note dated August 25, 2021. If possible, the defect

may be removed on the said date itself but not later than the following day. The

lower court records shall be brought back to this court immediately thereafter.

The department concerned is directed to see that the requisite

number of paper books is prepared within eight weeks from the date of receipt of

the lower court records after removal of defects.

The appeal shall be listed for hearing along with the application

for suspension of sentence for further consideration on November 24, 2021.

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