Milan @ Milan Chandra Roy And Another v. State Of West Bengal

August 13, 2025 283 ARDR (Allowed) CRAN 1 of 2025 + CRAN 2 of 2025 In CRA (SB) 61 of 2025 In Re : An Application for suspension of sentence under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023. And In Re :

Milan @ Milan Chandra Roy & anr.

... appellants.

Adv. Amit Ranjan Pati, Adv. Sunayan Ghosh, Adv. Swastika Chowdhury, ... for the appellants.

Adv. Debasish Roy, Ld. PP, Adv. Rajnandini Das, ... for the State.

Re : CRAN 2 of 2025 The appellant/applicant in CRAN of seeks confirmation of the bail granted to her by the learned trial Court. Considering the submission made on behalf of the parties and material on record, bail granted to the applicant/appellant Tumpa Roy @ Tumpa Rani Roy in CRAN 2 of 2025 is confirmed. CRAN 2 of 2025 is disposed of.

Re : CRAN 1 of 2025 With regard to the appellant/applicant in CRAN 1 of 2025, learned counsel for the appellant submits that this is a case of term imprisonment. Out of five years imprisonment awarded to this appellant, he has already undergone imprisonment for about one year and four months.

Learned counsel for the State takes this Court to the evidence of the autopsy surgeon (PW 14) which demonstrates the injuries sustained by the victim which resulted in her death. Learned counsel for the appellant has pointed out several discrepancies in the evidence led by the witnesses. I have considered the evidence on record.

This is a case of term imprisonment. Paper books are yet to be prepared. There is remote chance of the appeal being heard in near future.

In view of the above, this Court is inclined to suspend the sentence of the appellant and release him on bail. Accordingly, the appellant namely Milan @ Milan Chandra Roy be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Paschim Medinipur subject to the condition that he shall appear before the learned Chief Judicial Magistrate once in a month till disposal of the appeal.

In the event the appellant fails to comply with the said condition, the learned Magistrate shall forthwith intimate the same to this Court and the department shall place the matter before the appropriate Bench for necessary order, in accordance with law. The application, being CRAN 1 of 2025 is disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Suvra Ghosh, J.)