Babu Sk & Anr vs Unknown
2022 Latest Caselaw 206 Cal

27.01.2022 Sl. No. 26.

Mithun Ct.No.42.

IA No: CRAN/1/2021 In CRA 102 of 2021

(Via Video Conference)

In re: An application under Section 389(1) of the Code of Criminal Procedure, 1973 , a judgment and order dated 05.02.2021 and 06.02.2021 passed by the learned Additional Sessions Judge, First Court, Katwa, Purba Bardhaman, in Sessions Case No.249 of 2009, in connection with Sessions Trial No.46 of 2010, corresponding to G.R.No.569 of 2008 arising out of Ketugram Police Station Case No.114 of 2008 dated 07.12.2008 thereby convicting the appellant for offences punishable under Sections 376/511/323/448 of the Indian Penal Code, 1860 and another accused Momai Sk @ Moi Sk for commission of offences Punishable under Sections 448/325 of the Indian Penal Code.

In the matter of : Babu Sk & Anr.

...Appellant.

Mr. Soumik Ganguli, Adv.

Mr. Diptyendu Banerjee, Adv.

Mrs.Sinthia Bala, Adv.

...for the Appellant.

Mr.Swapan Banerjee, Adv.

Mr. Anindya Sundar Chatterjee, Adv.

...for the State.

IA No: CRAN/1/2021

Having heard the learned Advocates for the appellant

and the learned Advocate for the State and on perusal of the

impugned judgment, I am of the view that there are sufficient

reason to suspend sentence pending hearing of the instant

appeal.

Accordingly, the execution of sentence of imprisonment

be suspended till the disposal of the instant appeal. The

appellant namely Babu Sk is enlarged on bail of Rs.10,000/-

with one surety of like amount to the satisfaction of the learned

Additional Chief Judicial Magistrate, Katwa, Purba Bardhaman

with further conditions that if on bail, he shall attend the Trial

Court once in a month till the disposal of the instant appeal,

failing which, the order of bail shall be cancelled.

It is reported that the lower court record has already been

received by the department. The Department is directed to

examine the record and if it is found in order, prepare requisite

number of paper books within one month from this date. After

preparation of paper book and supply of the same to the

learned Advocates, the record be placed for listing for final

hearing of the appeal.

( Bibek Chaudhuri, J. )