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
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
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
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.)