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Shibu Karmakar vs The State Of West Bengal on 18 July, 2018


In The High Court At Calcutta
Criminal Appellate Jurisdiction

CRAN 364 of 2018
CRA 585 of 2017
Shibu Karmakar


The State of West Bengal

Mr. Somnath Banerjee
… for the petitioner/appellant.

Mr. S.G.Mukherjee, Ld. P.P.

Mr. Ayan Basu
… for the State.

This is an application for suspension of sentence under Section 389 of the

Code of Criminal Procedure,1973.

The appeal has been admitted having been preferred by the present

petitioner against the judgement and order dated August 29, 2017 and August

30, 2017 passed by the learned Additional District and Sessions Judge, Fast

Track Court, Dubrajpur, Birbhum in Sessions Trial No. 4/February, 2012

corresponding to Sessions Case No. 98 of 2010 corresponding to Khyrasole Police

Station Case No. 2 of 2009 dated January 6, 2009 convicting thereby the

appellant for committing offences under Section 498A of the Indian Penal Code

and was sentenced RI for two years and to pay a fine of Rs.1,000/- in default to

suffer further SI for a term of three months and imprisonment for seven years

for the offence punishable under Section 304B of the Indian Penal Code and

further imprisonment for four years and to pay a fine of Rs.2,000/- in default to

suffer SI for four months for the offence under Section 306 of the Indian Penal

Code as well.

Having perused the judgement and the materials on record the petitioner,

Shibu Karmakar who happens to be the father in-law of the deceased be released

on bail upon furnishing a bond of Rs.5,000/- with two sureties of Rs.2,500/-

each, one of whom must be local to the satisfaction of the learned Additional

District and Sessions Judge, Fast Track Court, Dubrajpur, Birbhum.

Mr. Ayan Basu, learned advocate appearing for the State has raised

objection to grant of the bail.

Department is directed to call for the lower Courts’ records.

Requisite number of paper books be prepared after receipt of the lower

Courts’ records.

With the above directions, CRAN 364 of 2018 stands disposed of.

Urgent xerox certified copy of this order, if applied for, be given to the

parties after completion of all legal formalities.

sh ( Shivakant Prasad, J.)

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