Ramlal Tudu vs Unknown
2024 Latest Caselaw 4560 Cal

Citation : 2024 Latest Caselaw 4560 Cal
Judgement Date : 5 September, 2024

Calcutta High Court (Appellete Side)

Ramlal Tudu vs Unknown on 5 September, 2024

Author: Soumen Sen

Bench: Soumen Sen

                    05.09.2024
                    AD-80
                    Court No.29
                    TN
                                                         IA No: CRAN 2 of 2024
                                                                  in
                                                           CRA (DB) 2 of 2024

                                  In re: An application for suspension of sentence under Section
                                  389(1) of the Code of Criminal Procedure, 1973.
                                                                 And
                                  In the matter of: Ramlal Tudu
                                                                                     ....appellant

                                  Mr. Apalak Basu
                                                                                  ....for the appellant

                                  Mr. Subhamay Bhattacharya,
                                  Ms. Sudipa Biswas
                                                                                        ....for the State



                                  1.

The report filed by the Superintendent, Bankura District

Correctional Home is taken on record.

2. The appellant is represented by Mr. Apalak Basu, learned

counsel appointed by the Calcutta High Court Legal Services

Committee to represent the appellant.

3. This is an application for suspension of sentence. Mr. Basu

has submitted that there was no eye-witness and the

complaint was lodged after four months from the date of the

occurrence and the informer later on turned hostile and the

basis of the conviction based on such circumstances is

untenable in law. The learned trial court has overlooked

such relevant facts and without satisfying that all the

circumstances if put together does not lead to the guilt of the

appellant has sentenced the appellant for a term

imprisonment of ten years.

Signed By :

TANMOY NANDAN High Court of Calcutta 6 th of September 2024 10:51:48 AM

4. The learned counsel for the State in opposing the prayer has

submitted that all the circumstances leading to the crime

has been established by the witnesses and having regard to

the gravity of the offence, the prayer for suspension of

sentence may not be considered.

5. The learned counsel for the State has also filed the report

from the Superintendent of Bankura District Correctional

Home where the appellant is presently undergoing

imprisonment. From the report filed by the Superintendent

of Bankura District Correctional Home, it appears that the

appellant is in custody for nearly four years being arrested

on 14.10.2020 and the behaviour and character of the

appellant is good and is sincere and obedient. There is

nothing adverse in the report.

6. Considering the submissions made by Mr. Apalak Basu,

learned counsel appearing on behalf of the appellant and

taking into factors argued by Mr. Basu with regard to the

conviction, a prima facie arguable case has been made out

on behalf of the appellant. Moreover, there is no chance for

absconsion of the appellant if released on bail pending

hearing of the appeal. Moreover, there is no likelihood of the

appeal being taken out for consideration immediately.

7. Considering the period of incarceration and the nature of the

conviction which is a term sentence and in view of the

judgment of the Hon'ble Supreme Court in the case of

Bhagwan Shinde Gosai and ors. vs. State of Gujarat, reported

in (1999) 4 SCC 421 that the court may take a liberal view

Signed By :

TANMOY NANDAN High Court of Calcutta 6 th of September 2024 10:51:48 AM

with regard to the suspension of sentence in a case of fixed

tenure conviction, we are of the view that the application for

suspension of sentence is required to be allowed and hence,

we allow this application for suspension of sentence.

8. Accordingly, the appellant is granted bail upon furnishing a

bail bond of Rs.2,500/-, with two registered sureties of like

amount each, to the satisfaction of the learned Chief Judicial

Magistrate, Bankura on condition that he shall appear

before the learned Chief Judicial Magistrate, Bankura once

in four months till the disposal of the appeal.

9. In the event the appellant fails to do so, the court concerned

shall forthwith intimate such fact to this court and the

department shall place this matter before the appropriate

Bench for necessary order in accordance with law.

10. We also record the assurance of Mr. Apalak Basu, learned

counsel appearing on behalf of the appellant that he shall be