Kalu Rajbhar vs State Of West Bengal

This is an application filed by the appellant / applicant praying for suspension of sentence and bail.

One Rajesh Kumar Singh had met with a road traffic accident and sustained severe injury on his head on 20th June, 2007. Immediately after the incident, an unruly mob approximately of about 40 / 50 persons assembled at the place of occurrence under the leadership of one Santosh Nandy, being armed with explosive substance, lathi, etc and allegedly caused grievous hurt to the on-duty police officers. The appellant, allegedly being one of the members of such unlawful assembly was convicted and sentenced by the learned Trial Court as under.

" The convicts are sentenced to undergo imprisonment for one year for the offence punishable U/s 147 of Indian Penal Code and also to pay fine of Rs.1000/- each in default of payment of which they will have to undergone R.I for one month more and the convicts are sentenced to undergone imprisonment for one year for the offence punishable U/s 148 of India (sic, read: Indian) Penal Code and also to pay fine Rs. 1000/- each in default of payment of which they will have to undergone R.I for one month more and the convicts are sentenced to undergone imprisonment for ten years for the offence punishable U/s 149 of India (sic, read: India) Penal Code and also to pay fine of Rs. 1000/- each in default of payment of which they will have to undergone R.I for one month more and the convicts are sentenced to undergone imprisonment for two years for the offence punishable U/s 332 of India (sic, read: Indian) Penal Code and also to pay fine of Rs. 1000/- each in default of payment of which they will have to undergone R.I for one month more and the convicts are sentenced to undergone imprisonment for ten years for the offence punishable U/s 333 of India (sic, read Indian) Penal Code and also to pay fine of Rs. 10,000/- in default of payment of which they will have to undergone R.I for six months more.

The previous period of detention already under gone by the convict would be set off and dove tailed against the sentence of Imprisonment. All the punishment will run concurrently.

Let a copy of the Judgment be sent to District Magistrate, South 24 Parganas, U/s 365 Cr.P.C for his information and taking necessary action."

The appellant has preferred an appeal assailing the judgment and order of conviction passed by the learned Trial Judge.

We have carefully considered the impugned judgment.

Though the learned Trial Judge found that some of the police officers sustained grievous hurt by the members of the unlawful assembly and the appellant being one of them was convicted, but, prima facie, at this stage, we do not find any sufficient material in support of the charge under Section 333 of the Indian Penal Code. Question of vicarious liability under Section 149 of the Indian Penal Code is closely knit with the main offence, i.e., under Section 333 of the Indian Penal Code.

When we have come to a prima facie finding that the evidence on record is not sufficient in support of the charge under Section 333 of the Indian Penal Code, conviction under Section 149 of the Indian Penal Code and sentence to rigorous imprisonment of 10 years becomes doubtful and a serious issue to be decided in the appeal.

However, at this stage we are of the view that this is a fit case where sentence should be suspended and the appellant should be released on bail.

Accordingly, the appellant be released on bail on furnishing a bond of Rs.20,000/- with two registered sureties to the satisfaction of the learned Additional Chief Judicial Magistrate, Sealdah with further condition that the appellant must appear before the Chitpur Police Station on the 25th of every month, commencing from September 2019.

CRAN 2505 of 2019 is thus disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis after completion of all requisite formalities.