Citation : 2023 Latest Caselaw 1445 Cal
Judgement Date : 27 February, 2023
D/L4 C.R.A. (SB) 20 of 2023 27.02.2023
With Bpg.
CRAN 1 of 2023
Smt. Mira Bag and others Versus The State of West Bengal
Mr. Rabi Sankar Chattopadhyay, Mr. Sayan Chattopadhyay, Mr. R. Ali Molla.
...for the appellants/petitioners.
Mr. Saswata Gopal Mukherjee, Ld.P.P., Mr. Sandip Chakraborty.
...for the State.
In Re: CRAN 1 of 2023
Learned advocate appearing for the
appellants/petitioners submits that the appellants/petitioners were
throughout on bail during trial and they have been implicated in
connection with the instant case on the basis of certain conjectures
and surmises. Learned advocate submits that there is no allegation
till date that they have not cooperated with the trial court in the
smooth progress of the trial.
Mr. Sandip Chakraborty, learned advocate appearing for
the State opposes the prayer for bail and submits that there is no
scope for interference of judgment and order delivered by the
learned trial court.
I have considered the submissions of the
appellants/petitioners as well as that of the State. I find that the
case was initiated in the year 2012 which is more than 10 years,
charge-sheet was also filed in the year 2012 and charges were
framed in the year 2015.
Having considered the period since when the case was
registered for investigation and there being no allegation that the
appellants/petitioners did not cooperate with trial till date for the
smooth progress of the trial and having considered the sentence so
imposed for a fixed period of time, I am of the opinion that the
appellants/petitioners may be released on bail during the pendency
of the appeal.
Accordingly, the appellants/petitioners, namely, Smt.
Mira Bag, Santu Patra and Manashi Patra shall be released on bail
on furnishing bond of Rs.10,000/- (Rupees Ten Thousand only)
each with two sureties of like amount each, one of whom must be
local, to the satisfaction of the learned trial court.
If on bail, the appellants/petitioners shall not leave the
jurisdiction of the district of Howrah without the permission of the
trial court. So far as the appellant/petitioner no.2, namely, Santu
Patra is concerned, he is directed to meet with the Inspector-in-
Charge/Officer-in-Charge or any police officer deputed by the
concerned officer of Domjur Police Station once in a month till
further orders of this Court.
Accordingly, CRAN 1 of 2023 is disposed of.
Department is directed to take steps for early preparation
of the paper book immediately on receipt of the lower court records.
Learned Registrar (Administration), High Court, Calcutta
would monitor regarding the preparation of the paper book.
Let the paper book be prepared by 6th April, 2023.
Matter would appear under the heading "To Be
Mentioned" on 10th April, 2023.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
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