61. 12.12.2025 Court No.8 (Tanmoy IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION IA NO: CRAN/2/2025 In CRA/365/2019 In Re: - An application under Section 389 of the Cr.PC, 1973 / Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with judgment and order dated 24.04.2019 and 27.05.2019, passed by the learned Additional Sessions Judge, Fast Track Court, Katwa in ST No. 51/2008 corresponding to SC No. 98/2007 arising out of Ketugram PS Case No. 99/2005 dated 10.12.2005.

And In the matter of: - ABU SATTAR MOLLA @ FULTU …applicant/appellant.

Mr. Saibal Krishna Dasgupta …for the applicant/appellant.

Mr. Sanjoy Bardhan Mr. Anindya Sundar Chatterjee …for the State.

Dictated by Apurba Sinha Ray, J.

1. This is an application for suspension of sentence pending disposal of the appeal against the judgment and order dated 24.04.2019 and 27.05.2019, passed by the learned Additional Sessions Judge, Fast Track Court, Katwa in ST No. 51/2008 corresponding to SC No. 98/2007 arising out of Ketugram PS Case No. 99/2005 dated 10.12.2005.

2. Learned Counsel for the applicant submits that the applicant, namely, ABU SATTAR MOLLA @ FULTU, has been wrongly convicted by the learned Trial Judge without taking into consideration the improbability of the dying declaration of the victim. Although there were eight convicts, all the co-convicts were acquitted excepting the present applicant being the husband of the victim. The dying declaration of the victim does not show that she was mentally alert and conscious at the time of making such alleged dying declaration. No attempt was made on the part of the Investigating Officer to record the statement of the victim through the Judicial Magistrate. As there is no chance of an early hearing of the instant appeal, the applicant may be enlarged on bail by suspending the sentence on any condition.

3. Learned Counsel for the State seriously opposes the prayer for suspension of sentence of the present applicant. According to him, there is sufficient incriminating evidence against the present applicant. The victim suffered 100% burn injury at the relevant point of time and soon after her admission to hospital, the Medical Officer recorded her statement giving his comment that she was conscious and fit for delivering dying declaration. Therefore, his prayer should be rejected.

4. We have considered the materials on record. We find that the victim suffered 100% burn injury and, therefore, there was no scope for recording her statement through the Judicial Magistrate. The authenticity and correctness of the dying declaration shall be considered at the time of hearing of the appeal. However, prima facie it appears that there is sufficient incriminating evidence against the present applicant. As the paper books are ready, we are not inclined to extend the privilege of suspension of sentence and grant of bail to the applicant as we are inclined to hear the appeal.

5. The application being IA No: CRAN/2/2025 is accordingly dismissed.

In Re: CRA/365/2019

6. List the appeal under the appropriate heading on January 21, 2026, marked “3:30 p.m.”.

7. Criminal Section is directed to make available certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)