Chandra Kumar Sarkar vs Unknown
2021 Latest Caselaw 6232 Cal

09.12.2021 Serial no. 03 Srimanta Ct. No. 42 (Through Video Conference)

IA No.: CRAN/1/2018 (Old No.: CRAN/3118/2018) in CRA No. 235 of 2018

In re : An Application under Section 374(2) of the Code of Criminal Procedure in connection with Sessions Trial No. 15 of 2012 arising out of Sessions Case No. 37 of 2012 under Sections 363/376(1) of the Indian penal Code

-And-

In the matter of : Chandra Kumar Sarkar ... appellant.

Mr. Atanu Biswas, Adv., Mr. Suparno Ghosh, Adv.

... ... For the appellant.

Mrs. Anasuya Sinha, Adv.

...for the State.

This is an application for bail filed on behalf of the appellant/petitioner. It is submitted by Mr. Suparno Ghosh, learned advocate that Mr. Atanu Biswas being the senior counsel in this matter is engaged in some other Court. So, he has prayed for pass over. It is noticed that even the learned junior is not equipped with brief of the matter. Mechanically, he has appeared before this Court with a prayer for pass over.

I have perused the record. The petitioner was sentenced to suffer rigorous imprisonment for five years with fine and default clause for committing offence under Section 376(1) of the Indian Penal Code and rigorous imprisonment for three years with fine and default clause for offence under Section 363 of the Indian Penal Code. He has already suffered sentence of three years and nine months. It is found from the materials-on-record that at the time of medical examination of the victim no injury could be detected. The victim was a

minor. It is found from the medical report that the victim girl was habituated to sexual intercourse.

Learned Public Prosecutor-in-Charge though raised objection against the prayer for bail, fairly and frankly pointed out the above-mentioned lacuna in the judgment of the Trial Court.

As the accused/appellant has served more than half of the sentence in incarceration, I am inclined to release the appellant on bail.

The appellant shall be enlarged on bail of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of Rs.10,000/- (Rupees Ten Thousand) each, one of whom must be a local surety, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Kalna with further condition that he shall deposit the fine amount before the learned Additional Chief Judicial Magistrate within 15 days from the date of this order and on such deposit the learned Additional Chief Judicial Magistrate, Kalna shall deposit the same in some interest bearing fixed deposit scheme in a nationalized Bank.

Violation of any of the conditions will automatically cancel the order of bail without further reference to this Bench.

(Bibek Chaudhuri, J.)