Manik Kumar Das vs The State Of West Bengal & Anr
2021 Latest Caselaw 1260 Cal

09.02.2021 Ct. 9 Sl.2 KS

C.R.A. 756 of 2019 With IA No.: CRAN 2 of 2021 Manik Kumar Das Vs.

The State of West Bengal & Anr.

(Via Video Conference)

Mr. Abhijit Basu Mr. Arghya Kamal Das ..... For the Appellant Mr. Ranabir Roy Chowdhury Ms. Manasi Roy .....For the State

This is an application for bail under Section 389 of the Code of

Criminal Procedure, 1973 filed in connection with C.R.A. 756 of

2019.

It is submitted on behalf of the appellant that the appellant is

in jail custody since 05.08.2019 and has nearly completed one and

half years of his punishment out of three years rigorous

imprisonment.

I have heard the learned advocate appearing for the appellant

and Mr. Ranabir Roy Chowdhury, learned advocate appearing for

the State and in consideration of the evidence of victim girl in cross-

examination and further having regard to the detention period

being half of the sentence undergone the prayer for suspension of

the sentence passed vide impugned judgment and order dated 2 nd

September, 2019 is considered and suspended till the hearing of the

appeal. The realization of fine be stayed.

I direct the petitioner shall be released on bail upon

furnishing bond of Rs.5,000/- (Rupees Five Thousand Only) with

two sureties of like amount each to the satisfaction of the learned

Additional Sessions Judge-cum-Special Judge, POCSO Act, 1 st

Court, Sealdah, South 24 Parganas on condition that he would

appear before the Trial Court once in a month until further order.

Thus, the application being, IA No.CRAN 2 of 2021 is

disposed of.

Department is directed to prepare requisite number of Paper

Books and place the appeal before the appropriate bench.

Urgent photostat certified copies of this order, if applied for,

be made available to the parties upon compliance of the requisite

formalities.

(Shivakant Prasad, J.)