13.07.2026 Serial no. 47 [G.S.D] CRA (SB) 59 of 2026 + CRAN 2 of 2025 In re : An application for Appeal u/s 374(2) of the Code of Criminal Procedure, corresponding to 415(2) of the BNSS, 2023 in connection with ST No. 07/21 arising out of Gazole PS Case No. 355 of 2020 dated 10.08.2020 u/s 498A/302/34 of the IPC read with section 3/4 of the DP Act. -And- In the matter of : Fidel Singha … Appellant(s) Dr. Achin Jana Ms. Chetna Rustagi … for the Appellant(s) Ms. Arushi Rathore … for the State-respondent(s) Learned advocate for the appellant/petitioner has drawn the attention of the court to the order of conviction and sentence passed by the learned Additional Sessions Judge, 1st Court, Malda in connection with Sessions Trial No. 07 of 2021 (arising out of Sessions Case No. 181 of 2020). The records of the case speak that the appellant is in custody since 11th August, 2020 and the prescribed punishment imposed by the learned trial court being the learned Additional Sessions Judge, 1st Court, Malda is for a period of six years and fine of Rs. 10,000/- for the offence under section 304(II) of the IPC. The present case was registered for the investigation as Gazole PS Case No. 355 of 2020 dated 10.08.2020 under 2 sections 498A/302/34 of the IPC and Sections 3&4 of the D.V. Act (sic. DP Act). After assessing the evidence, the learned trial court was pleased to acquit the appellant from the charges under Section 498A/302 and Section 3/4 of the D.V. Act (sic. DP Act). Having considered that the appellant/petitioner was convicted and sentenced under Section 304(II) of the IPC for a period of six years and additional fine of Rs.10,000/- with a default sentence clause being imposed and the fact that appellant/petitioner has already served out five years eleven months, I am of the opinion that further pendency of the present Appeal is unwarranted. Accordingly, the judgement and order of conviction is affirmed. However, the sentence imposed by the learned trial court is reduced to the period already undergone by the present appellant. Accordingly, if the appellant [Fidel Singha] is not wanted in any other case, he may be released forthwith by the jail authorities. With the aforesaid observations, CRA (SB) 59 of 2026 along with CRAN 2 of 2025 is disposed of. A copy of the order be sent to the learned Additional Sessions Judge, 1st Court, Malda for necessary and prompt action. 3 The learned Registrar General, High Court, Calcutta will take steps for immediate information to the learned Additional Sessions Judge, 1st Court, Malda so that the appellant is released as directed above. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.)