Sujit Kumar Mitra vs State

By order dated 20.02.1998 on an application under Section 374 (2) Cr. P.C. bail was granted to both the appellants in CRA 49 of 1998 by a co-ordinate Bench of this Court.

However, with passage of time the appellants were not being represented when the appeal was taken up for consideration. This led to an order being issued on 08.07.2019 cancelling the bail on the ground that it has been abused by keeping away from prosecuting the appeal and the Chief Judicial Magistrate, Coochbehar was directed to issue warrant of arrest against the appellants and execute the same in accordance with law.

In furtherance of the aforesaid order, the applicant, namely, Sujit Kumar Mitra, in CRAN 2802 of 2019 was arrested and he has been detained in prison. That application is filed seeking suspension of sentence and grant of bail de novo.

CRAN 3990 of 2019 is taken on board on consent of the parties for consideration today by treating the same as on day's list. That is an application filed by Swapan Mitra. He is yet to be arrested in execution of the warrant issued against him by the Chief Judicial Magistrate, Coochbehar. Following this Court's order he is present before this Court. His presence is recorded. He has been identified before us by the learned counsel appearing for him with supporting identifying documents.

The situation now in hand appears to have been occurred as a result of the fact that the learned advocate who had been appearing for the appellants ceased to be a practicing advocate and upon his elevation as a Judge of this Court, the appeal thereafter appears to have been not appropriately further prosecuted by the appellants by engaging other counsel. We take this as a circumstance to issue an order of suspension of sentence and grant of bail in terms of the order that was issued by this Court on 20.02.1998.

In the result, CRAN 2802 of 2019 and CRAN 3990 of 2019 are ordered directing that the sentence imposed on the applicants, namely, Sujit Kumar Mitra and Swapan Mitra respectively vide judgment and order dated 12.02.1998 passed by the learned Sessions Judge in Sessions Trial no. 2(6)/96 arising out of Sessions Case no. 97/94 shall remain suspended during the pendency of this appeal on condition that each of them furnishes bond of Rs.5000/- (Rupees Five Thousand only) each with two sureties each for like amount to the satisfaction of the Learned Chief Judicial Magistrate, Coochbehar. On such bond being furnished, the applicant, namely, Sujit Kumar Mitra, in CRAN 2802 of 2019 shall be released on bail since he is in custody now.

For the due enforcement of the contents of this order, it is directed that the applicant, namely, Swapan Mitra, in CRAN 3990 of 2019 will appear before the Learned Chief Judicial Magistrate, Coochbehar on 1st October, 2019 before 12 noon. Enforcement of the non-bailable warrant of arrest issued by the Chief Judicial Magistrate, Coochbehar as against him in furtherance of the order issued by this Court on 08.07.2019 shall stand suspended till then.

This order of suspension of sentence and grant of bail is made further conditional on the applicants being present or represented as and when the appeal is taken up for hearing.

The applications being CRAN 2802 of 2019 and CRAN 3990 of 2019 are disposed of.

This being an appeal of 1998, let this appeal be listed for hearing at the top of the list immediately after reopening of the Court after Puja Vacation.