CRAN 1134 of 2017
CRA No.127 of 2017
In re: An application under section 389(1) of the Code of Criminal
In the matter of:Tanmoy Bhattacharya Anr…. Appellants (In jail).
Mr.Swapan Mallick .. for the appellants.
Ms.Faria Hossain. .. for the State.
In a sessions trial, both these appellants were convicted
under sections 304B/498A IPC, while they were acquitted from the
charges under section 302 IPC and thereunder sentenced to suffer
rigorous imprisonment for ten (10) years and to pay fine with
default clause. They are the husband of the victim-housewife and
After appeal being admitted and with the leave granted by
the court admitting the appeal, they have now approached this
court for suspension of sentence..
Going through the depositions of the witnesses, we find that
it is only the parents of the victim-housewife, who were examined
as PWs 7 and 8, alleged demand of dowry by the appellant two
months before the fateful incident. We do not find from the
depositions of the witnesses that there is any evidence that soon
before her death, she was subjected to torture for any demand of
Admittedly, this is a case of suicide. .
We have heard the learned advocates for the parties and
considered the depositions of the witnesses as also the impugned
Having regard to the fact, the learned advocate for the State
opposes the prayer for suspension of sentence. We have given her
an opportunity to file written objection in the light of the decision of
Atul Tripathi vs. State of UP, reported in (2014) 4 SCC 177.
However, she declined to file the same and submits that it
would be enough for her to argue this case on the basis of the
materials already on record.
Having regard to above and considering the finding on which
the order of conviction is based and the grounds on which the
same is under challenge, we are of the opinion, a prima facie case
has been made out showing possibilities of success in the appeal.
This is a case of term imprisonment and the appellants were all
along on bail. Accordingly, the prayer for suspension of sentence of
the appellants is allowed.
During the pendency of hearing of appeal, the order of
execution of sentence be suspended and the appellants be
released on bail to the satisfaction of the learned Chief Judicial
Magistrate, South 24-Parganas upon furnishing a Bond of
Rs.10,000/- each, with two sureties of Rs.5,000/- each, one of
whom must be local.
Office is directed to call for the lower court records, if not as
yet called for. If the record is already there, the requisite number of
paper books shall be prepared within four (4) months from this date
or then four (4) months from the date of arrival of the records and
immediately after the preparation of the paper books is complete
and the appeal is made ready for hearing, the same shall be listed
before the appropriate Bench for hearing.
We make it clear that any of the observations made
hereinabove must not be construed as to our opinion regarding the
merit of the case. We make it clear that those observations were
made only for the reason that the same were necessary for taking
the decision as to the question of bail.
Accordingly, this application, being CRAN 1134 of 2017,
stands disposed of.
Urgent xerox certified copy of this order, if applied for, be
handed over to the learned advocates for the parties on their usual
(Ashim Kumar Roy, J)
(Ashis Kumar Chakraborty, J.)