Tasmina Bibi @ Tasmina Khatun And Anr vs State Of West Bengal
2024 Latest Caselaw 4428 Cal

Calcutta High Court (Appellete Side)

Tasmina Bibi @ Tasmina Khatun And Anr vs State Of West Bengal on 30 September, 2024

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

D/L 9
30.09.2024

Kausik ct.no.35 IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION

CRA (SB) 155 of 2024 With CRAN 1 of 2024

Tasmina Bibi @ Tasmina Khatun and Anr.

Versus State of West Bengal

Mr. Robiul Islam Mr. Raju Mondal Mr. Masooq Rahman

...for the appellants.

Mr. Debasish Roy, Ld. P.P. Ms. Shreyasi Biswass Ms. Paramita Sahu

...for the state.

The present appellants preferred an appeal in

connection with Sessions Serial No. 310/2018 relating to

Nowda Police Station Case No. 162/2015 dated 06.06.2015

wherein the learned Trial Court was pleased to convict the

appellants under Section 326/34 of the Indian Penal Code

and Section 341/34 of the Indian Penal Code and imposed

sentence for 4 years (Including fine) and 30 days

respectively.

Learned advocate appearing for the appellants

submitted that the incident complained of is of the year

2015 and the appellants were throughout on bail in course

of the trial and till date there has been no allegation that

they have misused the liberty granted to them. As such, on

any condition they may be released on bail.

Learned advocate appearing for the state opposes

the prayer for bail and drew the attention of the court to the

evidence of the doctors who deposed in respect of the

injuries being inflicted upon the two victims. Learned

advocate submits that it is palpable from the records and

the deposition of the doctor that the injuries so inflicted

were grievous in nature. As such the prosecution has been

able to make out a case of conviction so the appellants may

not be released on bail.

I have considered the submissions on behalf of the

appellants as well as the state and I find that till date the

trial court records has not reached the High Court for

preparation of the paper books, as such there is no

possibility of the appeal being heard very soon.

The appellants/petitioners were on bail in course

of the trial and the state also could not produce any

document or refer to any part of the judgment which would

reflect that the petitioners have misused their liberty.

Having regard to the same, the present appellants

may be released on bail. Accordingly, the appellants would

furnish bond of Rs. 10,000/- each with two sureties of like

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

satisfaction of the learned Chief Judicial Magistrate at

Murshidabad, Berhampore.

If on bail, the appellants shall stay outside the

jurisdiction of Nowda Police Station and inform the learned

Chief Judicial Magistrate at Murshidabad, Berhampore

regarding their place of residence. The appellants would

once in a fortnight attend the office of the Learned Chief

Judicial Magistrate at Murshidabad, Berhampore and

obtain an acknowledgement.

If there is any violation of the aforesaid conditions,

the learned Chief Judicial Magistrate, Berhampore would

cancel the bond so furnished by the appellants.

Accordingly, CRAN 1 of 2024 is allowed.

Department is directed to issue a reminder to the

trial court for the trial court records. Steps be taken so that

by 05.12.2024 the paper books are prepared.

List the appeal under the heading 'To Be

Mentioned' on 06.12.2024.

So far as appellant no. 1 is concerned, she would

abide by the condition of staying outside the jurisdiction of

Nowda Police Station till 31st December, 2024.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)