Md. Sahid @ Sahidul vs State

Rajasekhar Mantha, J

Appellant undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through Video Conference.

This is an application for withdrawal of the criminal appeal being CRA No. 15 of 2020 that has been admitted before this Court. The same is treated as an application under Section 389 of the CrPC and or bail in connection with appeal.

The appellant submits that he has already served the sentence of five years but has not yet paid the fine.

Counsel for the State disputes the same and submits that the appellant is yet to complete the five years of sentence.

This Court has considered the argument of both sides. The appeal has been admitted. The conviction is under Sections 489B/489C of the Indian Penal Code for five years and fine of Rs.5,000/-. The trial has been held in custody.

Since the appeal has been admitted and the appellant has served more than 90 per cent of the sentence, according to this Court, this is a fit case for granting interim bail pending disposal of the appeal.

The appellant as a pre condition for being released on interim bail pending appeal, shall deposit fine to ACJM, Barrackpore. He shall put in two sureties of Rs.50,000/- for bail and abide by any condition that may be stipulated by the ACJM, Barrackpore.

Needless to mention the grant of bail shall abide by the final result of the instant appeal.

With the aforesaid directions, the applications being CRAN 1937 of 2020 and CRAN 1938 of 2020 are disposed of.

All parties are to act on a server copy of this order on the usual undertakings.