Md.Salim vs Unknown
2021 Latest Caselaw 6076 Cal

06.12.2021 Sl. No. 06.

Mithun Ct.No.42.

IA No:CRAN/1/2020(Old No.CRAN/3138/2020), CRAN/2/2020(Old No.CRAN/3139/2020), CRAN/3/2020(Old No.CRAN/4677/2020), CRAN/4/2021.

In CRA/176/2020

(Via Video Conference)

In re: An application for suspension of sentence under Section 389 of the Code of Criminal Procedure, 1973, judgment and order of conviction and sentence dated July 26, 2019 passed by the Court of learned Special Judge, POCSO Act, Barrackpore, North 24-Parganas, convicting the appellant thereby for offence punishable under Section 8 of the POCSO Act, 2012.

In the matter of : Md.Salim ...appellant.

Mr. Prabhat Kumar Srivastava, Adv.

... for the appellant.

Mr.Sandip Chakrabarty, Adv.

...for the State.

Though the learned Advocate for the appellant/petitioner

has prayed for adjournment, this Court is not willing to adjourn

the matter. Therefore, the application is taken up for hearing.

In re: CRAN/4/2021.

This is renewal of prayer of suspension of sentence and

bail. It is submitted by the learned Advocate for the appellant

that the appellant/petitioner has already served more than half

of the term imprisonment. Actually he is in custody for about 2

years and 9 months out of 5 years of imprisonment. Learned

Advocate for the petitioner also refers to a decision of the

Hon'ble Supreme Court in Saudan Singh Vs. The State of

Uttar Pradesh (SLP (Crl) No.4634/2021 and allied matters)

and submits that where the convict suffers more than 50% of

the actual sentence undergone such detention may be a basis

for grant of bail.

Mr. Chakrabarty, learned Advocate for the State has

vehemently opposed the prayer for bail.

Only on the ground of the period of incarceration in

correctional home, prayer for bail of the appellant/petitioner is

allowed. The petitioner may find bail of Rs.10,000/- with one

surety of like amount to the satisfaction of the learned Special

Judge, POCSO Act at Barrackpore, North 24-Parganas with

further directions that if on bail, he must appear before the

Trial Court once in a month till the disposal of the instant

appeal and shall file an affidavit before the Court below stating

his residential address, mobile number and Aadhar Card

number so that he may be tracked during the pendency of

appeal if his personal appearance is required in any manner.

The instant application is, thus, disposed of on contest.

Seen the report submitted by the Section Officer of

Criminal Appeal Section. Office is directed to take proper step

to bring the lower court record at the earliest.

( Bibek Chaudhuri, J. )