The court considered a bail application filed by an appellant convicted under Section 304 Part II IPC. Finding no misuse of bail during the trial, the court allowed the prayer and enlarged the appellant on bond with sureties.
Appellant enlarged on bail upon furnishing a bond of Rs.20,000 with two sureties of Rs. 10,000 each.
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10.08.2023 Item no.71. Court No.237. S. De
CRA (SB) 117 of 2023 With IA NO: CRAN 1 of 2023
Chandni Bibi.
versus The State of West Bengal.
Mr. Pratip Kumar Chatterjee, Ms. Priya Dey, …. For the Appellant.
Mr. Swapan Banerjee, Mr. Suman De.
….. For the State.
In Re: IA NO: CRAN 1 of 2023
Learned advocate appearing on behalf of the appellant/petitioner has submitted that the
appellant/petitioner was convicted for committing an offence under Section 304 Part II of the Indian Penal Code and sentenced to suffer simple imprisonment for five years and also to pay a fine of Rupees 2000/-, in default to suffer further imprisonment for three months.
Learned advocate appearing on behalf of the petitioner/appellant has submitted that the appellant remains on bail throughout the trial and she did not misuse the liberty given thereby. Accordingly, learned advocate
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appearing on behalf of the petitioner/appellant prays for bail.
Learned advocate appearing on behalf of the State raises objection.
Considering the short-term period of imprisonment as well as petitioner /appellant remained on bail throughout the trial, I find no option but to allow the prayer for bail of the petitioner/appellant.
Accordingly, the appellant/petitioner namely Chandni Bibi be enlarged on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kandi, Murshidabad.
Accordingly, IA NO: CRAN 1 of 2023 stands disposed of.
In re: CRA (SB) 117 of 2023
The department was already directed to prepare the formal paper book after arrival of the Lower Court Records.
Liberty to mention.
All parties to this revisional application shall act on the server copy of this order downloaded from the official website of this Court.
(Bibhas Ranjan De, J.)
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1 issue framed by the court
Whether bail should be granted to an appellant convicted under Section 304 Part II IPC who remains on bail throughout the trial.
1 provisions across 1 enactments
Chandni Bibi
The State of West Bengal
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
