Abhishek Sarkar vs The State Of West Bengal & Anr
2023 Latest Caselaw 1803 Cal

17.03.2023 Ct. No.34 S/L No.5 KS C.R.A.(SB) 12 of 2023 With IA No. CRAN 1 of 2023

Abhishek Sarkar

-Vs.-

The State of West Bengal & Anr.

In Re.:- An application under Section 389 of the Code of Criminal Procedure, 1973.

Mr. Sandipan Ganguly, Sr. Adv.

Mr. Rahul Ganguly ..... For the Appellant/Petitioner Mr. Madhusudan Sur Mr. M. Mahata .....For the State

Mr. Sandipan Ganguly, learned senior advocate appearing for the

appellant/petitioner has handed over the order of bail which was granted

on December, 2020 to the present appellant/petitioner and submits that the

appellant/petitioner was throughout on bail and has not disturbed the

smooth progress of the trial of the case.

Learned advocate appearing for the State opposes the prayer for bail

and draws the attention of the Court to inner page 13 (Paragraph 25 of the

judgment delivered by the learned Trial Court). It has been emphasized on

behalf of the State that there was direct complicity of the

petitioner/appellant in commission of the offence.

However, taking into account the conduct of the present

petitioner/appellant in course of the trial, I am of the view that if the

appellant/petitioner is released on bail during pendency of the appeal no

prejudice would be caused.

Accordingly, I am of the opinion that the appellant/petitioner

should be released on bail upon furnishing a bond of Rs.10,000/- (Rupees

Ten Thousand Only) 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

appellant/petitioner shall once in a fortnight attend the office of the learned

Trial Court and obtain an acknowledgement till further order of this Court.

The appellant/petitioner shall not change his address. If there is any

change of address, the appellant/petitioner shall immediately inform the

same to the learned Trial Court, in the alternative, the learned Trial Court

would be at liberty to cancel the bond so furnished.

With this aforesaid observation, IA No. CRAN 1 of 2023 is disposed

of.

In spite of the appeal being admitted and directions passed for

production of the Lower Court Records on 6 th February, 2023, till date the

Lower Court Records have not been sent. Learned Registrar

Administration (L & OM), High Court, Calcutta is directed to monitor the

preparation of Paper Books after the Lower Court Records are placed

before the Department from the Trial Court on or before 31 st March, 2023.

All efforts must be taken by the Department so that the Paper Book is

prepared by 4th May, 2023.

List this appeal under the heading "To Be Mentioned" on 8 th May,

2023.

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

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

Urgent photostat certified copy of this order, if applied for, be made

available to the parties upon compliance of the requisite formalities.

(Tirthankar Ghosh, J.)