An Application For Bail Under ... vs Sujit Biswas
2021 Latest Caselaw 5238 Cal

Dl.   September                                    C.R.A. 393 of 2018
11.    29, 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. 4235 of 2019 on November 8, 2019;

And

In the matter of : Sujit Biswas ...appellant/petitioner.

(in Jail custody) Versus

State of West Bengal ...opposite party.

Mr. Uday Sankar Chattopadhyay, ...for the petitioner.

Mr. Sanjay Bardhan, Mr. Pratick Bose, ...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 dated June 21, 2018 passed by the learned

Judge, Special Court under the Narcotic Drugs and Psychotropic Substances Act at

Raiganj, Uttar Dinajpur, in Special (NDPS) Case No. 09 of 2013.

Having regard to the fact that the petitioner was previously

convicted and while on bail during pendency of the appeal arising out of the

previous case got himself involved in the commission of same 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 on or before October 8, 2021.

The appeal shall be listed for hearing on December 1, 2021.

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