Calcutta High Court (Appellete Side)
Tarak Das vs Unknown on 3 December, 2021
03.12.2021
Sl. No. 03.
Mithun
Ct.No.42.
IA No:CRAN/1/2019(Old No.CRAN/3987/2019), CRAN/3/2021,
CRAN/4/2021.
In
CRA/534/2019
(Via Video Conference)
In re: An application for bail under Section 389 of the Code of
Criminal Procedure, 1973 in connection with CRA 534 of 2019,
judgment dated 08.08.2019 and order of sentence dated
09.08.2019 passed by the learned Judge, Special Court under
POCSO Act-cum-Additional Sessions Judge, Second Court,
Howrah in Special TR No.28 of 2016 thereby convicting the
appellant/petitioner on the charges framed under Section 10 of
the POCSO Act, 2012.
In the matter of : Tarak Das.
...appellant.
Mr. Manjit Singh, Adv.
Mr. Gaganjyot Singh, Adv.
Mr. Biswajit Mal, Adv.
... for the appellant.
Mr.Saswata Gopal Mukherjee, Ld.P.P.,
Ms.Faria Hossain, Adv.
Ms.Sonali Das, Adv.
...for the State.
In re: CRAN/4/2021.
This is a renewal of prayer for bail for the third time
during pendency of the instant appeal. Mr. Singh, learned
Advocate for the appellant submits that he has filed the instant
application on behalf of the appellant/petitioner on the ground
of changed circumstances, viz., the appellant is in custody for
about 2 years and 6 months for committing offence under
Section 10 of the POCSO Act out of 6 years of substantive
imprisonment. It is further submitted by him referring to
Paragraphs 16, 17 and 18 that in the Correctional Home, the
petitioner has been working as E-Prison Writer and manages to
upload and transmit various data with regard to the number of
prisoners, their conditions, medical status etc. in E-Prison
system. Moreover, he is working as a teacher of inmates of the
correctional home and he has been rewarded with a certificate
by the Welfare Officer of the Presidency Correctional Home on
Teachers day for his contribution as a teacher. He is also
pursuing his studies as a student of Zoology Honours. Thus,
the petitioner has been transformed to a responsible citizen of
the Country while in Correctional Home. These factors may be
considered and he may be allowed to stay under the free sky.
Learned P.P.-in-Charge, on the other hand, submits that
the prayer for bail was rejected twice on merit. There was a
direction by this Court to prepare paper book to the Paper Book
Department. At this stage, the appeal ought to be heard
expeditiously without granting bail to the accused/petitioner.
It is needless to say that the accused is suffering term
imprisonment. Out of 6 years, he has already served 2 years
and 6 months in custody. In Bhagwan Rama Shinde Gosai
& Ors. Vs. State of Gujarat reported in 1999(4) SCC 421
followed by Kiran Kumar Vs. State of M.P. reported in (2001)
9 SCC 211 that unless there is an exceptional circumstances,
in case of term imprisonment, the accused should be released
on bail pending trial of the appeal.
In the instant case, there is sufficient material that the
appellant is now a reformed person. Therefore, I am inclined to
release him on bail. The appellant is enlarged on bail of
Rs.10,000/- with one surety of like amount to the satisfaction
of the learned Special Judge, Howrah under the POCSO Act
with further conditions that if on bail, he must meet the
jurisdictional police station once in a month and on the first
date of his visit, he shall file an affidavit before the Officer-in-
Charge stating his residential address, mobile number and
Aadhar Card, if any, so that he may be tracked by the Police
Officer during the pendency of the appeal.
Violation of such conditions would entail cancellation of
bail without further reference to this Bench.
It is found from the order dated 23 rd April, 2020 that
learned Registrar General was directed to personally ensure
that the paper books are prepared in the instant appeal within
a period of two weeks after normal functioning of the Court
resumes and an appropriate report may be submitted in this
regard. Subsequently, on 21st January, 2021, Paper Book
Department was directed to take immediate step for bringing
the case record from the Trial Court and prepare the paper book
within three weeks. But both the orders were not complied
with.
Under such circumstances, the matter is brought to the
notice of the learned Registrar General, requesting her to take
up the matter with the Paper Book Section and ensure that the
paper books are made ready within two weeks from the date so
that the instant appeal may be disposed of expeditiously.
Let a copy of this order duly signed by the Assistant
Court Officer of this Court be sent to the learned Registrar
General, High Court Calcutta in course of this day.
( Bibek Chaudhuri, J. )
