Jiban Biswas & Anr vs The State Of West Bengal
2023 Latest Caselaw 669 Cal

20.01.2023 S/L No.5 KS

C.R.A.(SB) 139 of 2022 With IA No. CRAN 1 of 2023 Jiban Biswas & Anr.

-Vs.-

The State of West Bengal

Mr. Rana Mukherjee Mr. Rhiddhiman Mukherjee .....For the Appellants Mr. S. G. Mukherjee, Ld. P.P.

Mr. S. Chakraborty Mr. S. Dutta .....For the State

Mr. Mukherjee, learned advocate appearing for the appellants

submits that the appellant no.2 was on bail and has been taken into

custody after the sentence was pronounced by the learned Trial Court.

Additionally, it has been submitted that the petitioner no.1 is in custody

for more than 3 years one month and the term imprisonment so

imposed upon the appellant/petitioner is for a period of seven years.

Learned advocate prays that in view of almost 50% of the sentence being

served out, the appellant/petitioner who is a patient and is undergoing

dialysis may be released on bail.

Mr. Chakraborty, learned advocate appearing for the State

opposes the prayer for bail. This Court has full respect for the anxiety

expressed by the learned advocate appearing for the learned advocate

but, however, considering the gravity of the offences and the complicity

which is reflected from the draft judgment of the learned Trial Court,

this court not inclined to release the appellant/petitioner on bail. The jail

authorities, however, are directed to extend all medical facilities to the

appellant/petitioner no.1 for whom it has been contended that he is

undergoing dialysis and is aged about 73 years.

Department is directed to prepare the Paper Books by 16 th

February, 2023.

List the appeal under the heading "To be Mentioned" on 17 th

February, 2023.

Learned Registrar Administration (L & OM), High Court,

Calcutta would monitor the preparation of the Paper Books within a

time schedule fixed.

Accordingly, IA No. CRAN 1 of 2023 is dismissed.

All parties are directed to act on the server copy of this order

downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)