MAKHAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dated 15-07-2009 passed by the Ld. Additional District & Sessions Judge, Fast Track 1st Court, Jalpaiguri in connection with Sessions Case No. 514 of 2008 (Sessions Trial No. 09 of 2009), wherein the appellant was held guilty for commission of offence under Section 448 of the Indian Penal Code (IPC) and under Sections 376/511 of the IPC. Consequently the appellant was sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in default suffer rigorous imprisonment for three months for the offence under Section 448 of the IPC and rigorous imprisonment for five years and pay fine of Rs. 1000/- in default suffer rigorous imprisonment for six months for the offence under Sections 376/511 of the IPC.

(2.) It is reflected from the records of this case that on 24-12-2009 a Coordinate Bench of this Court was pleased to admit the appeal, call for the records, issue usual notices, stay realization of fine and granted liberty to prefer an application for bail upon service of notice to the State. By a separate order dated 24-12-2009 a rule was issued calling upon the appellant to show cause as to why the order of sentence imposed upon him for his conviction under Sections 376/511 of the IPC passed by the Ld. Trial Court should not be enhanced and further orders be passed. The said rule was registered as CRR 781 of 2010.

(3.) The records also reflected that by an order dated 19-02-2010 the appellant was released on bail and consequently there was a direction for expeditious preparation of the paper books. By an order dated 14-01-2016 as none appear on behalf of the appellant, a notice was issued as to why the bail which was granted during the pendency of appeal should not be cancelled and the said notice was made returnable within three weeks. The last of the order dated 14- 07-2016 also reflects that the appellant was absconding.