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2024 Supreme(Cal) 990

SOUMEN SEN, UDAY KUMAR
Krishnendu Bhattacharya – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr.Fazlur Rahaman, Adv., Mr. Md. Babul Hussain, Adv., Ms. Dona Sanyal, Adv.
For the Respondent: Mrs. Anusuya Sinha, Ld. APP, Ms. Sayanti Santra, Adv.

JUDGMENT :

(Soumen Sen, J.) :

1. This is an application for suspension of sentence. The petitioners are in custody for nearly 10 years 8 months and 6 days as on 9th August, 2024 as revealed from the report filed by the jail Superintendent.

2. Their behavior was ‘good’ and they do not have any criminal antecedent. All of them are accused of murder of two persons Sujit and Shambhu. The learned Trial Court on the basis of the evidence of PW1 to PW5 along with other evidence has convicted them and sentenced them to life imprisonment.

3. The said accused persons are the appellants.

4. The appeal was filed in the year 2017.

5. Mr. Fazlur Rahman learned Counsel appearing on behalf of the appellant/applicant has submitted that in view of the long incarceration for more than 10 years and the appeal not being likely to be decided immediately in view of the decision of the Hon’ble Supreme Court in Saudan Singh v. State of U.P., 2022 SCC Online SC 697 the appellants are entitled to bail on terms and conditions as may be imposed by this Court. It is submitted that they were on bail during the period of trial and they did not misuse the liberty. Mr. Rahman has referred to paragraph 12 and 13 of t

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