Sk Tahar Ali v. State Of West Bengal
C.R.A. (DB) 227 of 2025 with C.R.A. (DB) 308 of 2025 CRAN 1 of 2025 In the matter of : Sk. Tahar Ali.
...Appellant.
Ms. Afreen Begum, ...for the Appellants.
(HCLSC) Ms. Faria Hossain, Ms. Kanchan Roy, ...for the State.
Dictated by Arijit Banerjee, J.
In re : CRAN 1 of 2025 (in CRA (DB) 308 of 2025, in 63 & S. De 266045 19.01.2026 Court No.08 the matter of : Sk. Tahar Ali)
1. The petitioner says that out of 14 accused persons only he was convicted. There are sufficient loopholes in the prosecution case. Although the learned Trial Court recorded that there were eye-witnesses to the incident, in fact there was none. He had no role to play in the concerned house being set on fire. He is in custody for about 11 years and 6 months as would appear from the custody certificate annexed to the bail petition. He prays for suspension of sentence.
2. Learned State counsel points out that the forensic evidence supports the prosecution case. Six people were killed in the incident. There is more than adequate incriminating evidence against the petitioner. No leniency should be shown to him.
3. We have considered the material-on-record and the evidence of the witnesses. On an overall prima facie assimilation of the evidence and the facts and circumstances of the case and taking into account the forensic report, we are of the prima facie view that there is sufficient material to support the conviction. Hence, we are not inclined to allow the petitioner's prayer.
4. CRAN 1 of 2025 is dismissed.
5. We clarify that the observations made by us in this order are only for the purpose of disposing of the application for suspension of sentence and the same shall have no relevance at the final hearing of the appeal. In re : CRA (DB) 308 of 2025
6. The department is directed to expedite the process of preparation of Paper Book and ensure that Paper Book is ready by the end of February 2026.
7. List the appeal for hearing on March 23, 2026, marked 3:30 P.M.
(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)