Kolkata High Court (Appellete Side) Subrata Das vs State Of West Bengal

 
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Kolkata: In the High Court at Calcutta

Criminal Appellate Jurisdiction

Appellate Side

03.03.2015

P.A. to

Subrata Talukdar, J.

CRA 611 of 2014

With

CRAN 253 of 2015

Subrata Das

Vs.

State of West Bengal

Mr. Swapan Kumar Mullick

Mr. Jayanta Banerjee

..... for the appellant‐petitioner

Mr. Amartya Ghose

Mr. Ayan Basu

..... for the State‐respondent

Mr. Sandip Bandyopadhyay

..... for the de‐facto complainant

This is a second application praying for bail on behalf of the appellant-petitioner. By the judgment and order of conviction the petitioner was directed to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 5000/-, in default to suffer further rigorous imprisonment for 1 year. Whereas the appellant- petitioner was convicted of the charge under Section 307 IPC, he was not found guilty of the charge under Section 498A IPC.

By a previous order dated 11th December, 2014 an Hon'ble Single Bench of this Court was pleased to consider the evidence on record and noticed that the PW6-victim-wife had deposed that she had suffered serious bleeding injuries due to the assault upon her by the appellant with a knife.

The Hon'ble Single Bench was also pleased to consider the evidence of the doctor, PW7 with regard to the serious injuries suffered by the PW6 on her neck, abdomen and middle of the back. As a result of the injuries the victim had to remain hospitalized at M.R. Bangur Hospital on and from 14th May, 2004 to 19th May, 2004.

The Hon'ble Single Bench was also pleased to consider the statement of the PW7-doctor to the effect that in the event the victim-patient was not given timely treatment, the injuries would have resulted in her death. Having considered the above noted position of evidence the Hon'ble Single Bench was pleased to deny the relief of suspension of sentence to the appellant and dismissed CRAN 3860 of 2014, who has now preferred the present second application for a similar relief, being CRAN 253 of 2015.

Sri Swapan Kumar Mullick, Ld. Counsel for the appellant submits that the present application has been filed by the victim-wife on behalf of her convicted husband. He further submits that both the parties now wish to lead a conjugal life together and have reconciled their personal disputes.

Ld. Counsel further submits that this Court may be pleased to consider the totality of the circumstances and suspend the sentence to enable the parties to file a joint application for compromise. Sri Mullick points out that only if an ad interim bail is granted...

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