CRA No. 130 of 2016
In Re:- An application for suspension of sentence under
Section 389(1) of the Code of Criminal Procedure being
CRAN No. 932 of 2017 filed on 27.05.2017 in connection
with ST No. 01(02) 2014.
In the matter of:- Sk. Anamuddin @ Sk. Anamul Ali Anr.
Mr. Sekhar Kumar Basu, Ld. Sr. Adv.,
Mr. Karan Sharma,
Mr. Moyukh Mukherjee For the appellants
Mr. Arun Kumar Maity, A.P.P.,
Mr. Anjan Dutta for the State
Total four persons were convicted in a Sessions
Trial under Sections 302/498A/34 of the Indian Penal
Code and sentenced to suffer rigorous imprisonment for
life and to suffer simple imprisonment for three years
respectively and to pay fine with default clause.
Against the said order, this appeal has been
preferred by all four convicts together.
Subsequently, four convicts together moved an
application for suspension of sentence and such prayer of
all four was rejected on merit by a co-ordinate Bench of
this court. Against the said order, two of the co-accused
moved the Apex Court and Apex Court allowed their prayer
for suspension of sentence on the sole ground of their
Now, coming to the case of the present two
appellants are concerned, we find their prayer for
suspension of sentence was earlier rejected on merit by a
co-ordinate Bench of this court. No case has been made
out which may justify us to reconsider such prayer once
again on merit and that too on the self same materials
and when this Bench is not sitting on appeal over that
This application for suspension of sentence is thus
Already records have been received.
Office is directed to prepare the Paper Books within
four months from this date and as soon as the preparation
of Paper Books is complete and the appeal is made ready
for hearing, the same be placed before the appropriate
Bench for hearing.
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.)