Uttam Kumar Soren v. The State Of West Bengal

12.07.2024 jb.

jdt.

Allowed C.R.M. (SB) 92 of 2024 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (previously Section 439 of the Code of Criminal Procedure) filed in connection with Pandua Police Station Case No. 157 of 2008 dated 13.09.2008 under Sections 326/307/427/34 of the Indian Penal Code.

And In Re : Uttam Kumar Soren ... Petitioner.

Ms. Minoti Gomes Mr. Samrat Paul ... For the Petitioner.

Mr. Arijit Ganguly Mr. Manoranjan Mahata ... For the State.

Heard learned counsels for the parties.

It appears that the petitioner was convicted for offences punishable under Sections 325/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and also sentenced to pay fine of Rs.3,000/-, in default to suffer simple imprisonment for three months by a judgment delivered by the learned Chief Judicial Magistrate, Hooghly in G.R. case no. 884 of 2008. The petitioner filed a revisional application before this Court challenging the said judgment and since he was not represented before this Court on call, the revisional application was dismissed for default by an order passed on 3rd April, 2023 in CRR 3743 of 2014. The application was restored to its original file and number by an order passed on 22nd May, 2024.

Learned counsel for the petitioner submits that upon dismissal of the revisional application the petitioner was arrested Signed By :

JAYANTA KUMAR BHATTACHARYYA High Court of Calcutta 12 th of July 2024 05:42:01 PM

and taken into custody on 11th September, 2023 and is in custody till date. The petitioner prays for bail.

Learned counsel for the State opposes the prayer for bail. In view of the fact that the petitioner was on bail when the revisional application was filed and was subsequently taken into custody upon dismissal of the application which has since been restored, this Court is inclined to hold that further detention of the petitioner is not required.

Accordingly, the prayer for bail is allowed.

The petitioner namely Uttam Kumar Soren shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Chinsurah, Hooghly.

The application for bail, being CRM (SB) 92 of 2024, is, thus, 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.) Signed By :

JAYANTA KUMAR BHATTACHARYYA High Court of Calcutta 12 th of July 2024 05:42:01 PM