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93 & 94

24-12-2025

(Court NO. 8)

KOLE

266045

CRA 212 of 2020

with

IA No. CRAN 3 of 2025

With

CRA (DB) 37 of 2024

With

CRAN 1 of 2025

In re: An application for suspension of sentence under Section 389

(1) of the Code of Criminal Procedure/Section 430 (1) of the BNSS

filed on 05.02.2025.

- A n d -

In the matter of : Saltu Mondal @ Sentu Sk @ Santu Mondal @

Santu

.... Appellant.

Mr. Moyukh Mukherjee,

Mr. A. Rahaman,

Mr. Abhijit Singh,

Ms. S. Banerjee,

Ms. S. Basak,

… For the appellant.

Mr. Madhusudan Sur,

Mr. Dipankar Paramanick,

… For the State.

Mrs. Amita Gour,

Mr. S. Basu Roy Chowdhuri,

…. For the State in CRA (DB) 37 of 2024.

Dictated by Apurba Sinha Ray, J:-

In Re : CRAN 3 of 2025:

1. This application for suspension of sentence has been filed

challenging the order dated July 2, 2020 by the learned Trial Court

in Session Trial No. 409 of 2016 in connection with Jalangi Police

Station Case No. 888 of 2015 dated 19.08.2015 convicting the

appellant under Sections 396/397 of the Indian Penal Code.

2. Report filed by the State be kept with the records.

3. Learned Advocate for the petitioner submits that a report

has been called for from the Correctional Home Authorities and that

has been submitted before this Court. From the said report it

transpires that the appellant no. 1 is in custody for about 10 years

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three months and the appellant no. 2 is in custody for about 8

years 10 months. In view of their long incarceration, they may be

enlarged on bail after suspending the order of sentence.

4. Learned State Advocate has opposed the prayer on the

ground that on earlier occasion the prayer for suspension of

sentence was turned down by a coordinate Bench. He further

submits that there are eye witnesses to the alleged incident. No

leniency should be shown to these petitioners.

5. We are presently not on the merits of the case. We see

that both the petitioners have been in judicial custody for a long

period of time. From a departmental note dated December 20,

2025, we find that the department has received the trial court

records and is in the process of examining the records. Paper book

is not ready. Therefore, there is little likelihood of an early hearing

of the appeal.

6. Without touching the merits of the case, keeping the ratio

of the decisions in the cases of Kashmira Singh-vs.-State of

Punjab, reported in AIR 1977 SC 2147 Saudan Singh-vs.-State of

Uttar Pradesh, reported in (2023) 17 SCC 446, we feel impelled to

allow this application for suspension of sentence.

7. Accordingly the appellants, namely, Saltu Mondal @

Sentu Sk @ Santu Mondal @ Santu and Sajedul Islam @ Sajidul

Mondal @ Saji, shall be released on bail upon furnishing bail bonds

of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of

like amount each, one of whom must be local, to the satisfaction of

learned Chief Judicial Magistrate, Berhampore, Murshidabad and

on further condition that the appellants shall not leave the

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geographical limits of district Murshidabad and on further

conditions that the appellants shall meet the Inspector-in-Charge of

the Jalangi police station once a fortnight and further that the

appellants shall be personally present or be represented before this

Court when the appeal is taken up for hearing.

8. The operation of the order of conviction and sentence shall

remain suspended till disposal of the appeal or until further orders,

whichever is earlier. We also stay the operation of payment of fine

till disposal of the appeal.

9. The Department is directed to forward a copy of this order

to the Superintendent of the concerned Correctional Home for

immediate release of the applicants/appellants unless they are

wanted in connection with any other case.

10. We clarify that the observations made by us in this order

are only for the purpose of disposing of the application for

suspension of sentence and the same shall have no relevance at the

final hearing of the appeal.

11. The applications being IA No. CRAN 3 of 2025 is, thus,

disposed of.

12. Criminal Section is directed to supply urgent photo