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Farhad Sk vs Unknown on 4 April, 2017



CRA No. 231 of 2013

In Re:- An application for suspension of sentence under
Section 389(2) of the Code of Criminal Procedure being
CRAN No. 2863 of 2016 filed on 13.05.2016 in connection
with ST No. 5(11)/11.

In the matter of:- Farhad Sk.

Mr. Arnab Saha For the appellant

Mr. Sudip Ghosh,
Mr. Apurba Kr. Datta for the State

In a Sessions Trial total six accused persons were

convicted under Sections 304B/498A of the Indian Penal

Code and under Sections 3 and 4 of the Dowry Prohibition

Act and sentenced to suffer rigorous imprisonment for ten

years, one year and two years respectively with fine and

default clause.

Out of those six convicts, except the present

appellant, i.e. the husband, all are on bail following

suspension of execution of their sentence.

It is claimed by the learned counsel for the

appellant that his client is in custody for six years

without any remission and so far he is concerned, he is

standing on the same footing with them, who are now on

bail and that fact has not been disputed by the learned

counsel for the State.

Having regard to above and considering the fact that

the present appellant has served out substantive part of

his imprisonment without any remission and this is a case

of term imprisonment and it is not disputed from the side

of the State that some co-accused persons are on bail, we

allow the application for suspension of sentence of the

present appellant.

We, therefore, direct pending hearing of the

appeal, the order of execution of sentence shall remain

suspended and the appellant be released on bail to the

satisfaction of the learned Additional Chief Judicial

Magistrate, Rampurhat, Birbhum on a bond of Rs. 10,000/-

with two sureties of Rs. 5,000/- each, one of whom must

be local.

The application of suspension of sentence being CRAN

No. 2863 of 2016 stands disposed of.

Already preparation of Paper Books is complete and

appeal is made ready of hearing.

Office is directed to immediately place the matter

for hearing before the appropriate Bench.

Urgent xerox certified copy of this order, if
applied for, be handed over to the learned counsel for
the parties on their usual undertakings.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)

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