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Judgments of Supreme Court of India and High Courts

An Application Under 389 Of The … vs In Re : Akul Biswas & Ors on 24 March, 2017

C.R.A. 479 of 2015
With
C.R.A.N. 3860 of 2016

In the matter of : An application under 389 of the Code of Criminal Procedure.

And

In Re : Akul Biswas Ors. ….. Appellants/petitioners.

Mr. Sekhar Basu,Mr. Abhra Mukherjee … for the appellants/petitioners.

The petitioners, Akul Biswas, Ramesh Biswas and Prachi Biswas @ Panchi have prayed for bail on suspension of sentence under Section 389 of the Code of Criminal Procedure.

It appears from the record that the petitioners were sentenced to term imprisonment for the offence punishable under Section 304B and 498A of the Indian Penal Code.

Mr. Basu, learned senior counsel, appearing on behalf of the petitioners,
has pointed out from the previous order dated July 27, 2016 passed in
connection with C.R.A.N. 1843 of 2016 that this Court inadvertently granted bail
to the present petitioners, though only the appellants, Arati Barui nee Biswas,
Dipak Biswas and Smt. Kanchan Biswas prayed for bail on suspension of
sentence. He further submits that the present petitioners are still languishing in
the correctional home and two of them are relatives of the victim and the
petitioner, Akul Biswas is the husband of the victim.

None appears on behalf of the State.

On consideration of the material witnesses like P.W.5, P.W.6 and P.W. 7
who did not disclose the fact of torture and demand of money before the
Investigating Officer of the case and on consideration of the evidence adduced
2

before the trial court, I am of the view that the petitioners have made out an
arguable case.

Accordingly, the petitioners, Akul Biswas, Ramesh Biswas and Prachi
Biswas @ Panchi are granted privilege of suspension of sentence and bail on
furnishing bond of Rs. 10,000/- each with two sureties of Rs. 5,000/- each to the
satisfaction of the learned Chief Judicial Magistrate, Barasat subject to condition
that the petitioners will not leave the territorial jurisdiction of the district North
24-Parganas without the permission of the trial court till conclusion of hearing of
the appeal
The application for bail, being C.R.A.N. 3860 of 2016, is, thus, disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis after
compliance with all necessary formalities.

(R. K. Bag, J.)

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