Case: Rintu Sk. vs State of West Bengal [CRA 278 of 2014] with Hayet Ali vs State of West Bengal [CRA 364 of 2014]
While in the prison, the Appellant filed the instant appeal against the Judgment and Order of conviction and sentence passed on 10th March, 11th March and 12th March 2014 passed by the Sessions Trial Court, where the Appellant for committing an offence punishable under Section 789C of the Indian Penal Code, was sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.5000/- and on default, to undergo simple imprisonment for another period of six months.
The learned Counsel for the Appellant contended that the accused was in police custody since he got arrested on 12th February 2013. Moreover, the Appellant has suffered the entire sentence passed by the learned trial judge in the impugned judgment and order of conviction. Thus, it was pleaded that the Appellant should be released.
The Hon’ble Justice Bibek Chaudhuri observed that the Appellant was under judicial custody from the date of his arrest till the date of delivery of judgment on 12th March, 2014. Thereafter, he was sent to the correctional home to suffer his further sentence. Thus, it was held that the Appellant had suffered his entire period of rigorous imprisonment as well as imprisonment for non-payment of fine and therefore, he was entitled to be released.
The Hon’ble Court dismissed the instant appeal on the contest and affirmed the judgment and order of conviction and sentence passed by the learned trial judge in Sessions Trial No.22 of 2013 arising out of Sessions Case No.207 of 2013. Further, directions were issued to the Trial Court to ensure the Appellant’s immediate release on the sufferance of the entire period of sentence.
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