Simanta Bauri & Ors vs The State Of West Bengal & Anr
2022 Latest Caselaw 2424 Cal

 D/L 1                            C.R.R. No.91 of 2014
April 28,                                 With

                         CRAN 5 of 2017 (Old CRAN 5471 of 2017)
   Bpg.

In Re: An application under Section 401 of the Code of Criminal Procedure;

Simanta Bauri & Ors.

Versus The State of West Bengal & Anr.

Mr. Sabir Ahmed, Ms. Pampa Dey (Dhabal).

...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld.P.P., Mr. Arijit Ganguly, Ms. Manisha Sharma.

...for the State.

The subject matter of challenge relates to an order dated

19.09.2013 passed by the learned Sessions Judge, Bankura, in

Criminal Appeal No.11 of 2013 arising out of Bishnupur Police

Station Case No.60/08 dated 26.06.2008 under Sections

341/323/506/34 of the Indian Penal Code.

The learned ACJM, Bishnupur, on conclusion of trial and

on appreciation of evidence, arrived at a finding of guilt under

Section 323 of the Indian Penal Code so far as the present

petitioners are concerned and sentenced them to suffer one month

rigorous imprisonment.

The petitioners preferred an appeal before the learned

Sessions Judge, Bankura. The learned Sessions Judge, Bankura by

a judgment and order dated 19.09.2013 was pleased to dismiss

Criminal Appeal No.11 of 2013, thereby affirming the order of

conviction and sentence passed by the learned ACJM, Bishnupur.

I do not find in the revisional application any question of

law being involved.

Having regard to the fact that the incident refers to the

year 2008 and more than 14 years have passed since then for which

the petitioners have been suffering mental agony, I am of the

considered view that no useful purpose would be served by sending

them to jail at this stage. Accordingly, the sentence is modified and

altered to one of fine, which was not imposed by the learned

Magistrate.

Accordingly, each of the petitioners before this Court

would pay a fine of Rs.25,000/- which would be deposited before

the learned ACJM, Bishnupur, by 20th May, 2022. In case such fine

is not deposited within the period, as aforesaid, the learned

Magistrate would exhaust the process of law for recovery of the

same. 90% of the fine amount should be given to the persons who

have suffered injury which would be assessed by the learned ACJM,

Bishnupur by way of inspection of the records.

With the aforesaid observations, CRR 91 of 2014 is

disposed of.

Pending application, if any, is consequently disposed of.

The interim order would continue till 20th May, 2022.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)