Calcutta High Court (Appellete Side)
Sawkat Ali Gazi @ Saukat Ali Gazi @ vs Unknown on 15 June, 2022
15.06.2022
Item No.9.
Mithun
Ct.42
IA No: CRAN/1/2022
In
CRA (SB) 65 of 2022
In the matter of : Sawkat Ali Gazi @ Saukat Ali Gazi @
Saokat Ali.
... petitioner.
In re: An application for suspension of sentence under
Section 389(1) of the Code of Criminal Procedure, 1973 in
connection with Sessions Case No.20(7) 2000, Sessions
Trial No.02(07) 2002, arising out of Barasat Police Station
Case No.749 of 1998, dated 05.09.1998, under Sections
395/511/397/507/302 (corresponding to G.R. Case
No.1579 of 1998).
Ms. Minoti Gomes, Adv.
Mr. Mazahar Hossain Chowdhury, Adv.
Ms, Mobashshara Alam, Adv.
...for the petitioner.
Mr. Partha Pratim Das, Adv.
Mrs.Manasi Roy, Adv.
...for the State.
The accused was initially arrested in connection
with Barasat Police Station Case No.749 of 1998 dated 5 th
September, 1998 in a case under Sections
396/397/307/302 of the Indian Penal Code.
After filing of the charge-sheet under Sections
398/302/34 of the Indian Penal Code, the accused faced
trial before the learned Sessions Judge at Barasat. By a
judgment dated 30th March, 2004, the accused was
acquitted of the charge under Sections 398/302 of the
Indian Penal Code in accordance with the provision of
Section 235 (1) of the Cr.P.C. Subsequently, the de-facto
complainant assailed the judgment passed by the learned
Sessions Judge in Sessions Trial No.2(7) 2002 before this
Court in revision. This Court was pleased to allow the
revisional application directing the Trial Court to rehear
the matter and pass judgment afresh. Subsequently, the
argument of the case was again heard and a fresh
judgment was passed by the learned Additional Sessions
Judge, 4th Court at Barasat. The petitioner was found
guilty for commission of offence under Section 398 read
with Section 402 of the Indian Penal Code and he was
directed to suffer simple imprisonment for 7 years with fine
and default clause for the offence punishable under
Section 398 read with Section 402 of the Indian Penal
Code.
The petitioner has preferred an appeal before this
Court which is registered as CRA (SB)65/2022. At the
time of hearing of the instant application, it is submitted
by the learned Advocate for the petitioner that the
appellant/petitioner has already suffered sentence for 5
years and 2 months out of 7 years of imprisonment. Since
the petitioner suffered sentence more than half of the
entire period of sentence, which is required to suffer, he
may be released on bail.
Learned Public Prosecutor-in-Charge, on the other
hand, has raised objection against the prayer for bail.
Since the petitioner has already suffered
substantial period of his sentence and practically more
than 2/3rd of the sentence, passed by the Trial Court, he is
entitled to be released on bail.
The petitioner be enlarged on bail of Rs.20,000/-
with two sureties of Rs.10,000/- each, one of whom must
be local surety to the satisfaction of the learned Chief
Judicial Magistrate at Barasat with further conditions that
during the period of bail, he will not leave the jurisdiction
of Duttapukur Police Station without prior permission of
the Officer-in-Charge of the Duttapukur police station.
The instant application, is, thus, disposed of.
(Bibek Chaudhuri, J.)
