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Judgment
This is an application for bail under Section 389 of the Code of Criminal Procedure filed on 25.09.2018 in connection with judgment and order of
conviction dated 26.02.2018 and sentence dated 27.02.2018 passed by the learned Additional Sessions Judge, 4th Court, Malda in S.T. Case No. 23
(5)/2014 in connection with Gazole Police Station Case No. 138 of 2007 dated 15.09.2007.
Mr. Milon Mukherjee, learned Senior Counsel for the petitioner/appellant has invited my attention to the order dated 27.06.2018 wherefrom it is
revealed that the appellant nos. 1 and 2 have been enlarged on bail, whereas the appellant no. 3 was turned down on considering the evidence on
record. It is pointed out that the sentence awarded against the present appellant is for a period of four years with fine, which is a term punishment.
Mr. Saryati Datta, learned Advocate for the State candidly submits that the petitioner/appellant also stand on the same footing with the other
appellants in connection with this case and he is inviting my attention to the evidence of the victim so also the evidence of other witnesses wherefrom
it is revealed that there was a dispute between the parties which was settled by the co-villagers and it is a case of sudden attack on the victim by
means of stick (a blunt substance). On the cross-examination of P.Ws shows that there was no bleeding injury. The evidence of Dr. Brindaban Roy,
P.W. 5 prima facie would also reveal that the history of physical assault did not find any obvious external injury.
In the context of the above facts and circumstances of the case since the appeal is required to be heard on merit and there is every scope of delay in
taking of the appeal as the L.C.R. has not been called for and no paper book has been prepared, the prayer for bail is considered and allowed.
Accordingly, the appellant/petitioner be admitted on bail upon furnishing a bond of Rs. 10,000/- with two sureties of Rs. 5,000/- each, one of whom is
to be local subject to the satisfaction of the learned Chief Judicial Magistrate, Malda.
This application for bail is, thus, allowed.
The CRAN 2867 of 2018 is disposed of accordingly. Urgent photostat certified copy of this order, if applied for,
be given to the parties on usual undertaking.