237 Asish Sen vs Rup The State Of West Bengal & Anr
2023 Latest Caselaw 5738 Cal

31    30.08.
       2023                        CRA (SB) 144 of 2023
 Ct
237                                    Asish Sen
                                         Versus
rup                         The State of West Bengal & Anr.


                      Mr. Mayuk Mumherjee,
                      Mr. Abhishek Dutt,
                      Ms. Rupa Singh
                                                 .... For the appellant.

This appeal has been preferred being aggrieved and

dissatisfied with the judgment and order of conviction

passed by the learned Additional Session Judge, 6 th

Court, Paschim Medinipur in connection with Session

Case No. 29(5) of 2017, whereby learned Sessions Judge

found the appellant guilty of committing offence under

section 498A of the Indian Penal Code and sentenced him

to suffer simple imprisonment for one year and along with

fine of Rs.50,000/-, in default, to suffer simple

imprisonment for three month. He was also sentenced to

suffer imprisonment for one year along with fine of

50,000/- for the offence under Section 4 of the Dowry

Prohibition Act, in default further simple imprisonment

for three months.

Considering the scope for re evaluation of evidence,

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 submitted that after order of conviction,

the appellant was enlarged on bail by the learned Judge

invoking section 389 of the Criminal Procedure Code and

he also prayed for confirmation of bail of the appellant.

The bail granted by the learned Judge be confirmed

by furnishing 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,

Paschim Medinipur.

Realization of fine amount be stayed in the

meantime.

(Bibhas Ranjan De, J.)