IN THE MATTER OF: NIMAI ACHARYA Vs. STATE

JUDGEMENT

(1.) This application under Section 389 of the Code of Criminal Procedure praying for bail in connection with appeal has been taken out by Nimai Acharya, a convict in Sessions Trial No. 4(4) of 2004, for committing offence under Sections 467/468/471 read with Section 120B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and two years respectively, which would run concurrently.

(2.) Heard Mr. Mukherjee, learned counsel for the petitioner/accused. Mr. Mukherjee submits that the appellant was all along on bail since 1999. This apart, he submits that the judgment impugned is based on surmises and conjectures as the signature of the appellant was never put in Court.

(3.) Mr. Punda, learned counsel for the State of West Bengal submits that the judgment impugned is based on reasons and extra-judicial confession as well as presumption under Section 106 of the Indian Evidence Act. Therefore, Mr. Punda submits that considering the nature of offence, this appellant should not be released on bail till the appeal is heard.