Chandan Das Alias Shibu vs State Of West Bengal And Another
2022 Latest Caselaw 7849 Cal

 D/L2                                 C.R.A. (SB) 136 of 2022
28.11.2022

With Bpg.

CRAN 1 of 2022

Chandan Das alias Shibu Versus State of West Bengal and another

Mr. Asimes Goswami, Ms. Paulomi Banerjee, Ms. Priyanka Dutta.

...for the appellant/petitioner.

Mr. Saswata Gopal Mukherjee, Ld.P.P., Mr. Sandip Chakraborty.

...for the State.

Mr. Sayati Datta.

...for the opposite party no.2.

In Re: CRAN 1 of 2022

The appellant/petitioner has approached this Court with

a prayer for bail.

Records reflect that the appellant/petitioner was

convicted for a period of five years and fine of Rs.5,000/- in respect

of offence imposed under Section 354B of the Indian Penal Code

and also for a period of one month for the offence under Section 341

of the Indian Penal Code. The quantum of imprisonment so

imposed upon the appellant/petitioner is for a fixed period of time.

Having regard to the fact that the appellant/petitioner is

already in custody for about three months, I am of the opinion that

his application for bail should be considered in the background of

the same.

Mr. Sandip Chakraborty, learned advocate appearing for

the State opposes the prayer for bail of the appellant/petitioner.

Mr. Saryati Datta, learned advocate appearing for the de

facto complainant also opposes the prayer for bail of the

appellant/petitioner.

However, having regard to the fact that the

appellant/petitioner was throughout on bail and has been taken

into custody after the judgment was pronounced by the learned

special court, I am of the opinion that further detention of the

appellant/petitioner is unwarranted. Accordingly, the prayer for bail

of the appellant/petitioner is allowed.

Thus, the appellant/petitioner, namely, Chandan Das

alias Shibu, 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 Additional Sessions Judge, 2nd Court, Chinsurah, Hooghly.

If on bail, the appellant/petitioner shall report to the

Inspector-in-Charge Mogra P.S. or any Officer delegated by him

once in a fortnight until further orders. The appellant/petitioner

shall once in a month also report and obtain an acknowledgement

from the office of the learned Additional Sessions Judge, 2nd Court,

Chinsurah, Hooghly.

Accordingly, CRAN 1 of 2022 is disposed of.

The report of the department reflects that the lower court

records have been received. However, a prayer has been advanced

for preparation of the paper book. Department is directed to

prepare the paper book by 20th December, 2022.

Learned Registrar (Administration), High Court, Calcutta

is hereby directed to monitor the preparation of such paper book.

List the appeal under the heading "To Be Mentioned" on

21st 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.)