Citation : 2023 Latest Caselaw 4806 Cal
Judgement Date : 7 August, 2023
03 07.08.
2023 CRA (SB) 118 of 2023
Ct
rup Kalachand Saha
Vs.
The State of West Bengal
Mr. Amitabha Karmakar,
Mr. Arup Kumar Bhowmick.
... for the appellant.
Mr. Narayan Prasad Agarwala,
Mr. Pratick Bose ... for the State
The appeal has been filed challenging the judgment
and order dated 14th June, 2023 passed by the learned
Additional Sessions Judge, Fast Track Court 1, Malda
convicted the appellant under Section 14(C) of the
Foreigners Act and sentenced to suffer imprisonment for
a term of 2 (two) years and to pay fine of Rs.10,000/-, in
default, to suffer imprisonment of a further period of
6(six) month.
Appellant was enlarged on interim bail passed by
the learned Trial Court subject to confirmation by this
Court.
Heard learned counsel appearing on behalf of the
appellant and also perused the judgment impugned, the
appeal is admitted. Issue usual notices
Trial Court Record be called for.
After arrival of the Lower Court Record, if it is
found, otherwise in order, the formal paper book shall be
prepared within six weeks thereafter.
Learned counsel appearing on behalf of the
appellant has prayed for confirmation of bail. The prayer
for bail is considered and allowed in terms of period of
sentence. Appellant is to submit fresh bond of
Rs.10,000/-(ten thousand) with two sureties of
Rs.5000/- (five thousand) each to the satisfaction of the
learned Chief Judicial Magistrate, Malda and further on
condition that appellant shall meet the Officer-in-Charge
of Malda Police Station once in a fortnight and obtain
acknowledgement. In case of change of address he shall
inform the same to the Officer-in-Charge of the Police
Station mentioned above, and also the learned Chief
Judicial Magistrate, Malda. In case of violation of the
order passed hereinabove, learned Chief Judicial
Magistrate, Malda will be at liberty to cancel the bail
bond.
(Bibhas Ranjan De, J.)
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