Citation : 2022 Latest Caselaw 7622 Cal
Judgement Date : 17 November, 2022
D/L4 C.R.A. (SB) 69 of 2022 17.11.2022
With Bpg.
CRAN 1 of 2022
In Re: An application under Section 389(2) of the Code of Criminal Procedure for bail;
Bisakha Majumdar Versus State of West Bengal
Mr. Swapan Kumar Mallick, Mr. Kazi M. Rahman, Ms. Sudeshna Das.
...for the appellant.
Mr. Saswata Gopal Mukherjee, Ld.P.P., Mr. Sandip Chakraborty.
...for the State.
In Re: CRAN 1 of 2022
The appellant has been sentenced for a term
imprisonment in respect of an offence being committed under
Section 307 of the Indian Penal Code, 326 of the Indian Penal Code
and other allied offences.
Mr. Mallick, learned advocate appearing for the appellant
submits that the appellant was throughout on bail during the trial
and presently she is in custody since the judgment was delivered on
28th April, 2022.
Mr. Sandip Chakraborty, learned advocate appearing for
the State opposes the prayer for bail and draws the attention of the
Court to the nature of the injuries.
Having regard to the fact that the imprisonment is for a
fixed period of time and the appellant being a lady is in custody for
more than six months, I am of the opinion that she may be released
on bail. Accordingly, the appellant, namely, Bisakha Majumdar,
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 learned Chief
Judicial Magistrate, North Dinajpur.
If on bail, the appellant would once in a month obtain an
acknowledgement from the office of the learned Chief Judicial
Magistrate, Uttar Dinajpur till further orders of this Court. In case
of any change of residence, the appellant would inform the same to
the learned Chief Judicial Magistrate, Uttar Dinajpur as also to the
Officer-in-Charge/Inspector-in-Charge, Hemtabad Police Station.
With the aforesaid observations, CRAN 1 of 2022 is
disposed of.
Records reflect that the appeal was admitted on 6th July,
2022. The lower court records are already available. Yet the paper
books have not been made ready.
Learned Registrar (Administration), High Court, Calcutta
is hereby directed to monitor the preparation of the paper books by
9th December, 2022.
List the criminal appeal under the heading "To Be
Mentioned" on 13th December, 2022.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
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