Extracted from the PDF above. The PDF is authoritative.
13 23-07-2026 (Court NO. 28) ssi
CRA (SB) 86 of 2026 with IA No. CRAN 2 of 2026
In re: Applications for suspension of sentence under Section 389 of the Code of Criminal Procedure/Section 430 of the BNSS 2023 in connection with the Nalhati Police Station Case No. 68 of 2023 dated 04.03.2023 under Sections 341/306/307/503, thereby convicting the appellant for commission of offence punishable under Sections 341/307 of the Indian Penal Code. - A n d -
In the matter of : Mohit Kumar .... Appellant. Mr. Prabir Majumder
Mr. S. Majumder
Ms. Anindita Kundu … for the appellant. Mr. Krishnendu Bhattacharya, Ld. APP
Ms. Tanusree Kar … for the State. Learned counsel appearing on behalf of the appellant submits as follows. The allegation is that when the wife of the appellant left the matrimonial home, the appellant husband followed her. At a railway station, he took a knife from one of the local shops and assaulted the wife. She received two injuries and was discharged from the hospital after a few days. The petitioner had already suffered custody for about three years, four months and nineteen days out of a total period of seven years imposed. The appellant undertakes to be regularly represented at the time of hearing of the appeal. Learned Additional Public Prosecutor representing the State opposes the prayer for suspension of sentence. He relies on the evidence adduced and points to the injury report and the medical evidence as discussed in the judgment. 2
It appears that the appellant has already suffered incarceration for nearly half of the period of sentence imposed. Although the appeal was filed belatedly, it is also a fact that the Trial Court Records have not come yet. Preparation of paper book will take time. The hearing of the appeal would also be delayed, accordingly. Considering the above and especially, the fact that the petitioner has nearly undergone half of the sentence of imprisonment imposed, I am inclined to allow the application for suspension of sentence. Accordingly the appellant, namely, Mohit Kumar, shall be released on bail upon furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned ACJM, Rampurhat, Birbhum and on further condition that the appellant shall be personally present or be represented before this Court when the appeal is taken up for hearing. The appellant is directed to provide the details of his place of residence and mobile phone number to the Officer in Charge of Nalhati Police Station. Let the Trial Court Records be called for by Special Messenger. After the Trial Court Records arrive, paper book shall be prepared as expeditiously as possible. CRAN 2 of 2026 is disposed of. Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. ( Jay Sengupta, J. )