Criminal Procedure vs In Re: Prasanta Kumar Ghosh
2022 Latest Caselaw 4310 Cal

18.07. 2022 item No.13 n.b.

ct. no. 34 CRA(SB) 67 of 2022 With IA No. CRAN 1 of 2022

In Re: An application for admission for suspension of sentence and bail pending appeal under Section 389 of the Code of Criminal Procedure, 1973.

And

In Re: Prasanta Kumar Ghosh.

.....Appellant.

Mr. Shounak Mukherjee, Ms. S. Mishra .....for the appellant Mr. Rudradipta Nandy, Ms. Sonali Das .....for the State

The present appeal has been preferred challenging the

judgment and order of conviction dated 21 st February, 2022

passed by the Learned Additional Sessions Judge, 1 st Court at

Balurghat, Dakshin Dinajpur in connection with Special Case

No.10 of 2013. By the said judgment the learned Trial Court

was pleased to hold the appellant guilty and sentenced to suffer

rigorous imprisonment for five years and to pay a fine of

Rs.10,000/- in default to suffer further sentence for six months.

The sentence so imposed being term imprisonment, I

am inclined to release the petitioner on bail but on certain

stringent terms.

Accordingly, the petitioner shall be released on bail

upon furnishing bond of Rs.10,000/-(Rupees Ten Thousand

only), with two sureties of like amount each, one of whom must

be local, to the satisfaction of the Chief Judicial Magistrate,

Dakshin Dinajpur at Balurghat.

The appellant undertakes before this court that he

shall furnish the title deed of the property whose address is as

follows:-

Binnagar, P.S. and Post Office - Raiganj, District Uttar

Dinajpur, Pin-733134.

It is directed that the Learned Chief Judicial

Magistrate, Balurghat would inform the concerned office of the

Registrar that no alienation of the said property would take

place till appeal is disposed of.

It is further directed that in case the Trial Court

verdict remains the same, the State would be at liberty to

recover the defaulted amount by disposing of such property.

The Department is directed to prepare the paper books

within a period of eight weeks from date and place the records

under the heading "To Be Mentioned" after the aforesaid period.

With the aforesaid observations, CRAN 1 2022 is

disposed of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

( Tirthankar Ghosh, J.)