Sk. Amir Ali Alias Amir Ali vs The State Of West Bengal
2023 Latest Caselaw 7424 Cal

    30
20.11.2023

Court No.237 pg.

IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE

CRA (SB) 177 of 2023 with IA No. CRAN 1 of 2023

Sk. Amir Ali alias Amir Ali

-versus-

The State of West Bengal

Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ... For the appellant

Mr. Binoy Kumar Panda Ms. Pushpita Saha ... For the State

In re: CRAN 1 of 2023

Heard learned advocates appearing on behalf of the parties.

This is an application under Section 5 of the Limitation Act for

condonation of delay of 30 days in filing the appeal.

Learned advocate appearing on behalf of the State opposes the

prayer for condonation of delay.

Perused the application where delay of 30 days in filing the

appeal has been explained.

After going through the explanation given in the application

itself, the prayer for condonation of delay is allowed. The delay is

condoned.

The application, being CRAN 1 of 2023, stands disposed of.

In re: CRA (SB) 177 of 2023

This is an appeal directed against the judgment and order of

conviction passed on 10th July, 2023 by the learned Additional

Sessions Judge, 6th Fast Track Court, Alipore, South 24-Parganas

whereby the learned Judge convicted the accused person Amir Ali to

suffer simple imprisonment for a term of two years for the offence

punishable under Section 363 of the Indian Penal Code and to pay

fine of Rs.20,000/-, in default, further simple imprisonment for six

months.

Heard learned advocate appearing on behalf of the appellant

and also perused the judgment impugned. The appeal is admitted.

Issue usual notices.

Trial Court Records be called for.

After arrival of the Lower Court Records, if it is found otherwise

in order, the informal paper book shall be prepared within six weeks

thereafter.

Learned advocate appearing on behalf of the appellant has

prayed for confirmation of bail granted by the learned Additional

Sessions Judge, 6th Fast Track Court, Alipore, South 24-Parganas, on

10th July, 2023 after sentence was pronounced invoking Section 389

of the Code of Criminal Procedure.

Perused the order. The prayer for confirmation of bail is

considered and allowed. The appellant is directed to submit fresh

bond of Rs.10,000/- (ten thousand only) with two sureties of

Rs.5,000/- (five thousand only) each to the satisfaction of the learned

Chief Judicial Magistrate, South 24-Parganas at Alipore.

As a consequence, the impugned sentence stands suspended

until further orders.

Criminal Section is directed to supply certified copy of this order,

if applied for, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)