SK Zahid @ Bapi @ Sk Jahir v. State Of West Bengal
2020-01-24
ARIJIT BANERJEE, THOTTATHIL B.RADHAKRISHNAN
body2020
DigiLaw.ai
JUDGMENT Arijit Banerjee, J. - The appellant/applicant, Sk. Zahid who stands convicted and sentenced to suffer life imprisonment for offence found to be punishable under Section 396 read with Section 120B IPC, is the applicant seeking an order of suspension of sentence and grant of bail pending disposal of the appeal. 2. By our order dated 11th December, 2019 we had called for a report from the Correctional Home where the applicant is housed, regarding his conduct. Such report has been filed in Court today under the signature of the Superintendent, Baruipur Central Correctional Home. The said report, captioned as 'Custody Certificate' shows that the total period of detention undergone by the applicant is 14 years 5 months and 18 days as on January 2, 2020. It is stated in the report that the conduct of the applicant in the Correctional Home is satisfactory. 3. Following the ratio laid down by the Hon'ble Supreme Court in Kashmira Singh v. State of Punjab, (1977) 4 SCC 291 ; Akhtari Bi (Smt) v. State of Madhya Pradesh, (2001) 4 SCC 355 ; Surinder Singh v. State of Punjab, (2005) 7 SCC 387 ; Sunil Kumar v. Vipin Kumar & Ors., (2014) 8 SCC 868 ; Daler Singh v. State of Punjab, (2017) CriLJ 2337 ; Husain & Anr. v. Union of India, (2017) 5 SCC 702 ; Dharampal v. State of Haryana, (2017) CriLJ 2137 & Batchu Rangarao & Ors. v. State of Andhra Pradesh, (2017) 2 ALD(Cri) 78 (AP) , the applicant is entitled to be granted suspension of sentence primarily because there is very little possibility of his appeal being heard in the near future and also taking into consideration the nature of the offence and the quality of the prosecution evidence on record which we have considered carefully. 4. In the result, the sentence of imprisonment and fine imposed on the applicant will stand suspended. The applicant shall be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Alipore and on further condition that the applicant shall meet the Officer-in-Charge of the concerned police station once a month and further that he shall be personally present or be represented before the Court when the appeal is taken up for hearing. 5.
5. The application being CRAN 3589 of 2019 is, thus, disposed of. 6. Criminal Section is directed supply urgent Photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. 7. Urgent certified photocopy of this judgment and order, if applied for, be given to the parties upon compliance of necessary formalities. I agree.