Golam Mondal vs Unknown
2022 Latest Caselaw 6620 Cal

15.09.2022

Srimanta

List-S/L IA No.:CRAN/1/2022 in CRA (SB)/120/2022

In the matter of : Golam Mondal ...petitioner.

In Re : An application for bail in connection with appeal under Section 389 of the Code of Criminal Procedure, 1973 in connection with Hariharpara Police Station Case No. 515/2011 dated 08.07.2011 under Sections 376/511 of the Indian Penal Code, 1860.

Mr. Uday Sankar Chattopadhyay, Adv.

...for the Petitioner.

Mr. Debjani Sahu, Adv.

...for the State.

This is an application for suspension of sentence and bail filed on behalf of the convict/appellant. It appears from the impugned judgment under appeal that the petitioner was sentenced to suffer rigorous imprisonment for five years with fine and default clause for the offence punishable under Section 376 read with Section 511 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner was sentenced to suffer term imprisonment. He was all along on bail during trial of the case and never misused the condition for bail. The appeal has already been admitted. Therefore, he may be released on bail.

I have heard the Learned Advocate for the petitioner. I have also heard the Learned Public Prosecutor-in-Charge.

Since the petitioner was sentenced to suffer term imprisonment and he never misused the order of bail during trial of the case, the execution of sentence be suspended.

The petitioner be released on bail on his executing a bond of Rs.20,000/- with two registered sureties to the satisfaction of the Learned Chief Judicial Magistrate at Berhampore, Murshidabad with further condition that he will be available before this Court during the pendency of the appeal, as and when called for.

The instant application is, thus, disposed of.

( Bibek Chaudhuri, J. )