29.07.2026 Serial no. 03 [Srimanta] Ct. No. – 29 S/L IA No.:CRAN/2/2026 in CRA (SB) 205 of 2024 In re : An application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita corresponding to Sections 389 of the Code of Criminal Procedure Code -And- In the matter of : ANWAR SK. @ SADDAM … … Appellant. Mr. Tapan Dutta Gupta, Mr. Parvej Anam, Ms. Rituparna Ghosh, Mr. Sourav Sardar, Advocates … … For the Appellant. Mr. Gouranga Kumar Das, Mr. Kaustav Lal Mukhopadhyay, Advocates ……For the State. Re : CRAN/2/2026 1. In this application the petitioner has prayed for releasing the convict on bail by suspending the execution of the order of sentence dated 07.10.2024 passed by learned Additional District and Sessions Judge, Fast Track Court, Diamond Harbour in Sessions Case No. 252/2018. 2. Learned Counsel for the petitioner submits that the appellant herein has been convicted and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 10,000/- for the offence punishable under Section 354 of the Indian Penal Code. Being aggrieved by and dissatisfied with the said Judgment of conviction and order of sentence, 2 the appellant has preferred the instant appeal. It is submitted that the appellant has every chance of success in the appeal. He further submits that the appellant was all along on bail and there is nothing adverse against him that he misused the liberty granted to him during trial. The appellant is suffering imprisonment since the delivery of Judgment on 07.10.2024, which is about one year ten months and there is remote possibility to dispose of the appeal at an early date. 3. Learned Counsel appearing on behalf of the State submits that the appellant was on bail during the trial and, therefore, he leaves the prayer to the discretion of the Court. 4. It appears that the appellants were on bail during the trial and it is not the case of the State that the appellant who was on bail, had jumped bail nor it is the case of prosecution that if released on bail appellant would abscond and/or would not be available to undergo the sentence. There is also no adverse report about his behavior, while he is suffering imprisonment. 5. In Bhagwam Rama Shinde Gosai & Ors. –Vs.- State of Gujrat reported in 1999(4) SCC 421, Supreme Court held when a convicted person is sentenced to fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the Appellate Court liberally unless there are exceptional 3 circumstances. Of course if there is any statutory restriction against suspension of sentence it is a different matter. 6. Therefore, the prayer for suspension of the execution of the sentence dated 07.10.2024 passed by learned Additional District and Sessions Judge, Diamond Harbour in Sessions Case No. 252/2018 is allowed. The execution of the sentence is suspended till the disposal of the appeal. 7. Having considered the submission made on behalf of the petitioner and that there is hardly any chance of early disposal of the appeal, the appellant may be enlarge on bail of Rs.20,000/- with two registered sureties of Rs.10,000/- each of which one must be local subject to the satisfaction of learned Additional Chief Judicial Magistrate, Diamond Harbour. The Appellant shall report to the Falta Police station on all mondays until disposal of the instant appeal. (Dr. Ajoy Kumar Mukherjee, J.)