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In Re:- Sandhya Rani Das & Another vs The State Of West Bengal on 19 July, 2021

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20 19.07.2021
rpan Ct.No.30 CRA No. 37 of 2020
with
CRAN Nos. 2 and 3 of 2020 [Suspension of sentence]

In Re:- Sandhya Rani Das Another
– Appellants
– Vs-
The State of West Bengal
– Respondent

Mr. Swagata Datta,
Ms. Sneha Chatterjee
… for the Appellants.

Mr. Saibal Bapuli,
Mr. Arijit Ganguli,
Ms. Sayanti Santra
… for the State.

The appellants in CRA 37 of 2020 have filed the present

application, being CRAN 2 of 2020, for suspension of sentence

imposed by the learned court below that has convicted them of

the offences punishable under Section 302/34 of the Indian

Penal Code. The learned court below has imposed the sentence

of rigorous imprisonment for life and to pay a fine of

Rs.10,000/- each, in default, to suffer further rigorous

imprisonment for two years.

Mr. Datta, learned advocate appearing for the appellants

submits that both the appellants are aged persons and they

were enlarged on bail during the trial and they have not misused

such liberty. There is also no possibility towards early disposal

of the present appeal.

According to him, there are fatal contradictions in the

testimonies of the prosecution witnesses. The learned court

below, even after noting such contradictions in evidence,

disregarded the same without any valid reason. The appellants
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have been roped in on the basis of an alleged dying declaration.

However, the learned court below itself arrived at a finding that

‘the said dying declaration cannot be relied upon’. The charge

under Section 498A of the Indian Penal Code has also not been

proved against any of the accused. In the said conspectus, there

is every chance of success in the present appeal.

Mr. Bapuli, learned advocate appearing for the State

opposes the appellants’ prayer and drawing our attention to the

contents of the impugned judgment, he submits that the

sequence of events clearly establishes the involvement of the

appellants in the offence.

We have assessed the quality of evidence recorded by the

learned court below. Prima facie, such evidence is not conclusive

and uncontrovertible in nature. Upon an overall appreciation of

the evidence and the entire facts and circumstances of the case,

we are of the opinion, that this is not a case where it cannot be

said that the appellants have no chance to succeed in the

appeal.

The appellants were on bail in course of the trial and they

did not misuse such liberty. The chance of hearing of the appeal

in the near future is also remote.

Under such circumstances, without expressing any

opinion on the merits of the dispute and culpability of the

appellants, in our opinion, it would be appropriate to suspend

the sentence and grant bail to the appellants.

For the above reasons, we allow the application being

CRAN No.2 of 2020, suspend the sentence and direct that the
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appellants, namely, Sandhya Rani Das and Shri Shyam

Sundar Das shall be released on bail on furnishing bail bond of

`20,000/- each with two sureties of like amount each, one of

whom must be local, to the satisfaction of the learned Chief

Judicial Magistrate, Purulia with a further condition that the

appellant no.2 shall meet with the Officer-in-Charge,

Balarampur Police Station once a fortnight until further orders.

The application, being CRAN No. 2 of 2020 is,

accordingly, disposed of.

On the prayer of the learned advocate appearing for the

appellants, the application, being CRAN 3 of 2020, is dismissed

as not pressed.

All parties shall act on the server copies of this order duly

downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)

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