Sarawar Hossain (In Jail) vs Unknown
2021 Latest Caselaw 5267 Cal

30.9.2021

&

Ct-30 Ar Allowed CRA 243 of 2012 with CRA 502 of 2012

Re: CRAN 8 of 2021 in connection with CRA 243 of 2012

In re: An application for bail under Section 389(1) of the Code of Criminal Procedure, 1973 filed under CRAN 8 of 2021.

In the matter of: Sarawar Hossain (in Jail)

Mr. Rajdeep Mazumder Mr. Pritam Roy Ms. Arushi Rathore .... For the Appellant

Mr. Saibal Bapuli .... For the State

This is an application for suspension of sentence and grant of bail in connection with an appeal preferred by the appellant against the judgment and order dated 29.02.2011 and 01.03.2012 passed by the learned Additional Sessions Judge, 14th Court, Alipore, in Sessions Trial No. 3(3)2006 corresponding to Sessions Case No. 39(10) of 2005 under Sections 396/120B of the Indian Penal Code.

The report filed by the Superintendent Durgapur Open Correctional Home shows that the conduct of the victim was very good towards his co-inmates and quite satisfactory before the administration. Nothing adverse was found against the petitioner in the report. Let the said report be kept with the record.

In view of the aforesaid and keeping in mind that there is no possibility of the appeal being heard shortly, we are inclined to suspend the sentence imposed upon the appellant/applicant and release him on bail.

Accordingly, the sentence of imprisonment and fine imposed on the applicant will stand suspended. The applicant shall be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Alipore and on further condition that the applicant shall meet the Officer-in-Charge of the concerned police station once a month and further that he shall be personally present or be represented before the Court when the appeal is taken up for hearing.

The application being CRAN 8 of 2021 is, thus, disposed of.

Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

Re: CRAN 5 of 2015 (Old No. CRAN 2082 of 2015) in connection with CRA 243 of 2012

As the applicant is not represented, let this application appear in the list on 1st October, 2021.

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