23.07.2026 Court No.28 Item No. 10 tbsr Allowed CRA (SB) 18 of 2026 IA No: CRAN 2 of 2026 (via video conference) In Re: - An application for suspension of sentence under Section 389(1) of the Code of Criminal Procedure read with Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sonarpur P.S. Case No.1808 of 2017 dated 18.09.2017 under Sections 341/326/307/34 of the Indian Penal Code. And In the matter of: Sahid Hossain Sardar ….appellant . Mr. Soumya Nag Mr. Rajdeep Sengupta …for the appellant Mr. Gourang Kr. Das Mr. Shivam Mishra …. for the State Learned counsel appearing on behalf of the appellant submits as follows. Although the alleged assault was part of the same transaction, the appellant has been sentenced for five years for the offence under Section 307 of the Penal Code and for three years under Section 326 of the Penal Code read with Section 34, the sentences having to run consecutively. This is absolutely bad in law. The sentences, if at all, ought to have run concurrently. Out of the total period of eight years imposed, the appellant has already suffered incarceration for a period of five years and six months. Yet, till date, the paper book is not ready for hearing of the appeal. There is no chance that the appeal would be heard in near future. Learned counsel appearing on behalf of the State strongly opposes the prayer for suspension of sentence. He relies on the 2 judgment and points to the medical evidence, as discussed, along with other pieces of evidence. It is indeed very strange that although the medical evidence shows infliction of serious injuries which, according to the Judge, could have caused death, yet he chose to award sentences for the periods of five years and three years under the respective provisions, whether to run concurrently or consecutively. It is even more surprising that neither has any appeal been preferred against the inadequacy of sentence, nor has any effort have taken to have the paper book made ready. In fact, it appears that even the trial court records have not been received. Considering the above, the fact that the appellant has already suffered incarceration for a substantial period of sentence being five years and six months out of a total of eight years and even the paper book is not ready for hearing of the appeal, I am inclined to allow the application for suspension of sentence. Accordingly, the appellant, namely, Sahid Hossain Sardar, shall be released on bail upon furnishing bail bonds of Rs. 20,000/- (Rupees twenty Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned ACJM, Baruipur 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 3 the details of his place of residence and the mobile number to the Officer-in-Charge of the Sonarpur Police Station. Let the Trail Court records be called for by special messenger. After the Trial Court records arrive, the paper book should be prepared as expeditiously as possible. The application being CRAN 2 of 2026 is accordingly 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.)