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Sk. Anamuddin @ Sk. Anamul Ali & Anr vs Unknown on 6 April, 2017

1

06.04.2017
64

pk
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.

And
In the matter of:- Sk. Anamuddin @ Sk. Anamul Ali Anr.

Appellants

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.
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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

old age.

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

decision.

This application for suspension of sentence is thus

rejected.

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
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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.)

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