Sl. November C.R.A. 214 of 2019
23. 25, 2019
Mr. Uday Sankar Chattopadhyay,
Ms. Snigdha Saha,
…for the appellants.
Ms. Baisali Basu,
…for the State.
Re: C.R.A.N. 2419 of 2019 (condonation of delay)
filed on August 30, 2019.
The affidavit of service filed on behalf of the appellants is taken
This is an application for condonation of delay in filing the
appeal whereby the appellants have prayed for condonation of delay of four days,
inter alia, on the grounds stated in the application.
Upon hearing the learned advocate appearing on behalf of the
appellants/petitioners and considering the averments contained in the application
for condonation of delay, I am satisfied with the explanations offered for the delay
in filing the appeal.
I, therefore, condone the delay in filing the appeal and allow the
application for condonation of delay filed under CRAN 3419 of 2019.
In this appeal, the appellants have assailed the judgment and order of
conviction and sentence dated January 16, 2019 passed by the learned Additional Sessions Judge
at Kalna, Purba Bardhaman, in Sessions Trial No. 8 of 2018 corresponding to Sessions Case No.
99 of 2017 arising out of Monteswar Police Station Case No. 135 of 2012 dated August 7, 2012
(G. R. Case No. 767 of 2012) under Sections 323/Section498A/Section307/Section34 of the Indian Penal Code.
The appeal will be heard.
Call for the records. Issue usual notices.
In the application for admission of appeal under Section 374(2)
of the Code of Criminal Procedure, the appellants have prayed for realisation of
fine imposed upon them.
Ms. Snigdha Saha, learned advocate appearing on behalf of the
appellants submits that vide order dated January 16, 2019, the appellants were
ordered to be sentenced for simple imprisonment for six months. So they have been
allowed ad interim bail to the satisfaction of the learned Additional Chief Judicial
Magistrate at Kalna, upon furnishing a bond of Rs. 1,000/- each till February 18,
Upon considering the submission of Ms. Saha, realisation of
fine imposed upon the appellants is stayed during the pendency of the appeal and
the appellants are allowed to continue on the same bail order granted by the learned
Additional Sessions Judge at Kalna till disposal of the appeal.
( Shivakant Prasad, J. )