Sk. Mithu @ Sk. Firoj & Ors vs Rup
2023 Latest Caselaw 7018 Cal

21    11.10.
       2023
 Ct                                 CRA (SB) 164 of 2023
237
                               Sk. Mithu @ Sk. Firoj & Ors.
                                         Versus
rup
                                The State of West Bengal

                      Mr. Kunal Ganguly.             ... for the appellant.




               1.

This is an appeal preferred by the appellants against

the order of conviction dated 31.08.2023 and

01.06.2023 respectively passed by the Additional

Sessions Judge, Fast Track Court, Dubrajpur,

Birbhum in connection with Sessions Trial No.

6/Feb/2018 corresponding to Session Case No. 97 of

2017, whereby learned Judge found them guilty of

committing offence under Section 498A of the Indian

Penal Code and imposed sentence to suffer rigorous

imprisonment for three (03) years each and to pay fine

of Rs.1,000/- each, in default, to suffer rigorous

imprisonment for one month each.

2. Considering the submission as well as judgment

passed by Additional Sessions Judge, Fast Track

Court, Dubrajpur, Birbhum, the appeal is admitted.

3. Issue usual notices.

4. Trial Court Record be called for.

5. 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.

6. Perused the order of bail passed on 01.09.2023. Bail

granted to the appellants be confirmed subject to

furnishing fresh bond of Rs.10,000/- with two

registered sureties of Rs.5000/- each, one of whom

must be local, to the satisfaction of the Additional

Sessions Judge, Fast Track Court, Dubrajpur,

Birbhum.

7. From the record, it appears that learned Judge

found other accused guilty of committing offence

under Sections 302/307/34 of the Indian Penal

Code and imposed sentence accordingly.

8. Learned advocate appearing on behalf of the

appellants has submitted that other convicts of this

case already preferred an appeal being No. CRA

(DB) 306 of 2023 before the Hon'ble Division Bench

of this Court.

9. Matter is released to avoid conflicting decisions. Let

the record be placed before the appropriate Hon'ble

Division Bench.

(Bibhas Ranjan De, J.)