Sujit Biswas v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRM(SB)/9/2023 With CRR/10/2023 Shri Sujit Biswas ...Appellant Vs.

The State ... Respondent Mr. D. Ilango ... for the Appellant Ms. A.S. Zinu ... for the Respondent June 30, 2023 [M.A.Mobin] Item Nos.2 & 3 This is an application for suspension of sentence of imprisonment and fine and for enlargement of the appellant on bail.

The prosecution case in brief is that the de-facto complainant on the basis of sub-contract was constructing a footpath required for new dam at Kadamtala and he deployed fifteen laborers for the work of construction. For requirement of water, the laborers used to collect water from the Kadamtala Dam and stored the same in the drum at the construction site. On the date of incident, one Raju Mondal, who is the sub-Contractor saw 4-5 persons catching fish at the dam and washing their feet. This was objected and heated altercation took place and he was assaulted by wooden stick by the appellant resulting in injury. In relation to the incident FIR was

registered. The appellant was convicted in trial and his conviction was upheld by the First Appellate Court. Hence, this revision. Mr. D. Ilango, learned Counsel for the appellant submits that in support of injury of the victim the prosecution during the trial did not produce the x-ray plate or the report to suffice that there was fracture injury and therefore, without the injury being proved the conviction of the appellant under Section 325 of the Indian Penal Code is not sustainable. In view of his above submission, he prays for suspension of sentence and imprisonment of fine as well as for enlargement of the appellant on bail.

Ms. A. S. Zinu, learned Counsel for the respondent/State opposes the prayer of the appellant for suspension of sentence and enlargement on bail.

It is the case of the prosecution that in the said incident the victim sustained fracture of ulna. PW5 Dr. Shiny Varghese has deposed that she found from the x-ray plate that there was fracture of ulna. Be that as it may, it is found from the judgment of the appellate court that x-ray plate was not produced or exhibited in trial. Such being the position, I find that an arguable case has been made out on behalf of the appellant, thus I am inclined to suspend the sentence and enlarge the appellant/convict on bail. Accordingly, the appellant Shri Sujit Biswas shall be released on bail on furnishing bail bond of Rs.5,000/- with two registered sureties of like amount to the satisfaction of learned Chief Judicial Magistrate, Mayabunder and on further condition that on being released he shall meet the Officer-in-Charge, Kadamtala Police Station once a fortnight till disposal of this revision and he shall

also be personally present or be represented before this Court when the Revisional application is taken up for hearing. CRM(SB)/9/2023 stands disposed of.

CRR/10/2023 Call for the Lower Court Records.

After receipt of the Lower Court Records the revisional application be listed for hearing.

All parties to act on the server copy of the order downloaded from the official website of this Court.

(Bivas Pattanayak, J.)