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Judgment
Rajasekhar Mantha, J
CRAN 3 of 2014 (Old CRAN 2799 of 2014) and CRAN 4 of 2016 (Old CRAN 4407 of 2016) are the applications under Section 389(1) of Cr. P.C. filed by Sk. Abdul Hamid who was convicted along with principal accused Md. Nausad for life. He has filed appeal against the judgment and order of conviction dated 27th February, 2012 passed in S.T. No. 6(2)2005 arising out of S.C. No. 83(9)2004. The appellant has been convicted along with Md. Nausad under Sections 302/34/397 of the Indian Penal Code read with Sections 25(1-A)/27(2)/27(3) of the Arms Act.
The application for suspension of sentence and/or bail is canvassed on the ground that the appellant is in custody for more than 21 years.
Learned counsel for the appellant relies upon a decision of the Hon’ble Supreme Court in the case of Khoob Lal Vs. State of Uttar Pradesh reported in (2021) 12 SCC 555. In the said case, the appellant was granted bail despite being convicted for life under Section 302/34 of the IPC primarily on the ground of incarceration of 17 years.
The appellant in the instant case has suffered imprisonment for more than 21 years.
In that view of the matter and given the fact that the co-accused is also on bail granted by a Co-ordinate Bench of this Court albeit on medical ground.
Counsel for the appellant also relies upon a decision of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh reported in (2023) 17 SCC 446. He also relies upon the decision of Rajendra Singh & Ors. Vs. State of U.P. reported in
(2019) 14 SCC 810. In the said decision, the Supreme Court issued directions upon the Allahabad High Court in the State of U.P. to prepare a list of cases where the appellant was incarcerated for more than 14 years provided they were not repeat offenders.
Based on the said said decision, the Co-ordinate Bench in CRA 566 of 2015 had released the appellant who are in jail for more than 14 years.
In view of the above and having regard to the fact that the appellant Sk. Abdul Hamid has suffered incarceration for more than 21 years, the sentence of Sk. Abdul Hamid is hereby suspended.
Accordingly, the appellant, namely, Sk. Abdul Hamid be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Alipore subject to the condition that the appellant shall meet the Officer-in-Charge of the Maniktala Police Station, once in a month and maintain good conduct until further order. It is further directed that the appellant shall be produced before the Trial Court by the Superintendent, Medinipur Correctional Home and shall be released by the Trial Court on any other condition that may be imposed by him. He shall furnish his mobile number as well as residential address where he stays to the Maniktala Police Station PS.
The application being CRAN 3 of 2014 (Old CRAN 2799 of 2014) and CRAN 4 of 2016 (Old CRAN 4407 of 2016) are disposed of.
It appears from the records that since the paper books in these matters have been prepared and served upon the respective parties, list the appeal itself in the Monthly List of November, 2025 under the heading “Hearing”.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.