RABIAL KHAN Vs. STATE

JUDGEMENT

(1.) Since one common order is required to be passed in discharge of the Rules issued by this Court in three appeals for enhancement of sentence imposed, we, with the consent of Mr. Chatterjee, learned Counsel appearing for the appellants and Mr. Sanyal, Additional Public Prosecutor appearing for the State of West Bengal, proposed to hear and dispose of the appeals together with the connected CRAN applications captioned above.

(2.) The C.R.A. 460 of 2006 was filed by Rabial Khan & Barhan Mullick. Amongst them Rabial Khan filed an application being CRAN 375 of 2013 praying for bail mainly on the ground that he has already undergone the substantive sentence of R.I. for 10 years as imposed by the trial Court. The CRA 545 of 2004 was filed by Laltu Khan @ Mansu Khan. He also filed similar application being CRAN 376 of 2013 praying for bail on the similar ground.

(3.) Uttam Malik, filed the Appeal being CRA 493 of 2007 but filed no application for his bail. He was arrested on 13.1.2003 and released on bail on 25.7.2003 but, taken on custody again on 29.6.2004.