Dilip Ganjhu v. State Of West Bengal

27.11.2020.

84.

as (Allowed) C.R.A. 708 of 2019 with CRAN 1 of 2020 (Old No.CRAN 1070 of 2020) (Via Video Conference) In Re:- An application for bail in connection with appeal under Section 389(1) of the Code of Criminal Procedure. In the matter of : Dilip Ganjhu.

... Appellant/Petitioner.

Mr. Subhasish Pachhal, Mr. Rameshwar Sinha.

...for the Appellant/Petitioner.

Mr. Neguive Ahmed, Ld.P.P., Ms. Amita Gaur.

.....for the State.

Mr. R. Banerjee, Mr. Aditya Garodia, Mr. Pintu Ghosh.

...for the de-facto complainant.

Heard the learned Advocates appearing for the parties. Appellant/petitioner undertakes to affirm and stamp the petitions/applications as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. It is submitted on behalf of the appellant that he is in custody for five years which is more than half of the sentence imposed on him.

Learned Advocate appearing for the State opposes the prayer for bail.

Having considered the evidence on record and in the light of the aforesaid submission made on behalf of the appellant and as

the possibility of disposal of the appeal in the near future appears to be bleak, we are inclined to suspend the sentence of the appellant.

Accordingly, the appellant shall be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of like amount each to the satisfaction of the learned Chief Judge, City Sessions Court, Kolkata on condition that he shall appear before the trial court once in a month till disposal of the appeal. In the event the appellant fails to do so, the said court 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.

Accordingly, the applications, being CRAN 1 of 2020 (Old CRAN 1070 of 2020) is disposed of.

Paper books be prepared within four weeks from the date of receipt of the lower court records.

Photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)