Sk. Mannan vs State Of West Bengal & Anr

In Re: CRAN 1270 of 2018

Seven persons were sentenced following their conviction for offences punishable under Section 148 and Section 302 read with Section 149 of the Indian Penal Code. They were among thirty-three accused persons. This Court has through order dated 12.01.2018 on CRAN 4380 of 2017 suspended the sentence of appellant nos.1,2,3,4,6 and 7. This application is a repeat application by the appellant no.5.

While rejecting the application of the appellant no.5 as part of the order dated 12.01.2018, this Court had made reference to the evidence of P.W.s 13 and 17. Today, learned Senior Counsel appearing for the appellant no.5 pointed out that apart from P.W.s 13 and 17, the testimony of P.W.18, the Investigating Officer, also deserves to be looked into to notice that certain statements made by P.W.s 13 and 17 as part of their testimony in Court were not part of the statements given by them to the Investigating Officer.

Though we are inclined to consider directing listing of this matter before the Bench headed by Justice Joymalya Bagchi, which passed the earlier order, we are shown by learned Counsel for the applicant that earlier it could not be brought to the notice of Hon'ble Justice Bagchi that he had appeared for the present petitioner in CRM 1941 of 2003 though in a different case.

The order issued on 12.01.2018 directed that paper books be prepared within four weeks from the date of receipt of the lower court records. But the paper books are yet to be prepared following that order though more than one and a half years have elapsed therefrom.

We have bestowed our anxious consideration to the contents of the testimony of P.W.s 13 and 17 as well as the Investigating Officer, P.W.18, and have considered the submissions of the learned Additional Public Prosecutor as well as the learned Senior Counsel for the applicant.

Learned Additional Public Prosecutor pointed out that the bundle of allegations against the accused persons taken on one go will indicate that the inescapable conclusion is the guilt of the accused persons, at any rate, the convicted persons and in particular the 6th accused who is the applicant herein. He has brought to our notice the autopsy report and the testimony of P.W.s 13 and 17.

As already noted above, the allegations against the accused persons are that they have committed offence punishable under Section 148 and Section 302 read with Section 149 of the Indian Penal Code.

That being so, the other appellants having been enlarged on bail, the gravity of the offence as regards the 5th appellant needs a deeper look. We say this more so in the context of the facts that the nature and the entire transactions, the scene of occurrence and the enormous number of weapons, etc, that are attributed to have been used do not exclude all other possibilities to conclude that the guilt of the accused person no.6 stands on all fours.

For the aforesaid reason, we are of the view that with the passage of time and the nature and the testimony of the Investigating Officer as P.W.18, the 5th appellant, the applicant in this CRAN 1270 of 2018 is entitled to be released by suspending his sentence.

Accordingly, we direct that appellant no.5, the applicant herein, shall be released on bail upon furnishing a bond of Rs.25,000/-(Rupees Twenty Five Thousand Only) with two sureties of Rs.12,500/- each, one of whom shall be local, to the satisfaction of the learned Chief Judicial Magistrate, Birbhum at Suri on condition that he shall appear before the said Magistrate once in a month till disposal of the appeal.

In the event, the appellant no.5, the applicant herein, fails to do so, the learned Magistrate shall forthwith report such fact to this Court and the department shall place the matter before the appropriate bench for necessary orders.

This application being CRAN 1270 of 2018 is accordingly allowed.

Department will prepare paper books expeditiously. Urgent Photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.