Sk Hamidul Islam @ Babu vs Unknown
2024 Latest Caselaw 2966 Cal

Calcutta High Court (Appellete Side)

Sk Hamidul Islam @ Babu vs Unknown on 11 June, 2024

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

11.06.2024 Serial no. 5 CT.-35 [G.S.D]

CRA (SB) 9 of 2024 With CRAN 1 of 2024 In re : An application for bail under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail during the pendency of appeal.

-And-

In the matter of : Sk Hamidul Islam @ Babu ... ...Appellant/ Petitioner

Mr. Navanil De Mr. Srinjan Ghosh

... ... For the appellant/petitioner Mr. Sudip Kumar Mr. Dipankar Mahato

... ...For the State

Liberty is granted to the petitioner to amend the

cause title.

Ld. advocate for the appellant draws the attention of

the court to the judgment and order delivered in connection

with NDPS Case No. 14 of 2015 [corresponding to SC Case

No. 7(4) of 2015 (G.R. Case No. 2021 of 2015)] passed by

the ld. Addl. Dist. & Sessions Judge, 4th Court, Alipore.

It is reflected that the petitioner/appellant was

arrested on 12.2.2015 and, he was released on bail on

20.3.2015.

Apparently, it reflects that the appellant/petitioner

cooperated with the ld. trial court and, as such, within a

scheduled period of time, the trial of the case was

concluded.

Mr. Kumar, ld. advocate for the State, opposes such

prayer for bail.

Having considered that there is less scope of the

appeal being heard out as the paper book(s) are yet to be

prepared, I am inclined to release the appellant/petitioner

on bail during the pendency of the appeal.

Accordingly, the appellant/petitioner is directed to

furnish bond of Rs.50,000/- with two sureties of like amount

each, one of whom must be local, to the satisfaction of the

ld. Special Court being the ld. Addl. Dist. &Sessions Judge,

4th Court, Alipore/CJM, Alipore.

If on bail, the appellant/petitioner, during the

pendency of the appeal, shall attend the ld. Special Court

once in a month and obtain an acknowledgement from the

office of the ld. Special Court.

If there is any violation of the conditions so imposed,

in that case, the ld. Special Court will inform the concerned

department of the High Court, thereafter, the matter be

placed for consideration for cancellation of the bail, if any.

There was an earlier direction of this court for

preparation of the paper book(s). However, till date, I do not

find that the LCR has reached.

The ld. Registrar (Judicial Service), High Court,

Calcutta is directed to take immediate steps so that the LCR

can be received within a period of four weeks from date.

Let, the Department submit a compliance report

before this court when the matter will appear on 22nd of

July, 2024 under the heading 'To Be Mentioned'

Accordingly, CRAN 1 of 2024 is disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)