Hariram Paswaan @ Hari & Anr vs Unknown
2023 Latest Caselaw 4666 Cal

02.08.2023                             C.R.A. 366 of 2021
   SL. 536                                    With
Court No. 29
  Sourav
                                        CRAN 1 of 2023

               In Re: - An application for admission of appeal under Section
               374(2) of the Code of Criminal Procedure, 1973.

                                                 And

               In the matter of: Hariram Paswaan @ Hari & Anr.
                                                                       ....Appellants.

                  Mr. Sekhar Kumar Basu, Sr. Adv.
                  Mr. Debashish Roy
                  Mr. Avik Ghatak
                  Ms. Afreen Begum
                                                                 ...for the appellants.

                  Mr. Neguive Ahmed
                  Ms. Amita Gaur
                                                                      ... for the State.

                                     In Re: CRAN 1 of 2023

               1.

Heard learned Counsel for the parties.

2. Considered the materials placed by them including the

impugned judgment and evidence of the witnesses and

especially, the evidence of P.W.s. 7, 8 and 9 (who have been

examined as eyewitnesses), evidence of P.W. 5 who is

immediate post-occurrence witness, evidence of P.W. 14 who

is the medical officer and the evidence of P.W.s. 15 and 18,

who are the I.O.s.

3. Taking into consideration the inherent inconsistency in the

evidence prima facie, it is directed that both the

appellants/petitioners shall be released on bail by the learned

Additional Sessions Judge, 4th Court, Asansol, Paschim

Burdwan, in connection with Sessions Trial No. 04 of 2013

arising out of Sessions Case No. 72 of 2012 on such terms

and conditions as deemed just and proper in the facts and

circumstances of the case.

4. Accordingly, the interim application being CRAN 1 of 2023 is

disposed of.

In Re: CRA 366 of 2021

1. List this appeal for final hearing and disposal on August 9,

2023.

2. On consent by learned Counsel for the parties, preparation of

paper book is dispensed with.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)