Madan Gayen @ Madan Mohon vs Unknown
2021 Latest Caselaw 167 Cal

BR 13.1.

11 2021 CRA 709 of 2019 With CRAN 1 0f 2020 (Old No. CRAN 2 of 2020), CRAN 2 of

In the matter of :Madan Gayen @ Madan Mohon Gayen ...... Appellant

In re: An application for bail under Section 389 of the Code of Criminal Procedure, 1973.

Mr. Ayan Basu, Mr. Jayanta Samanta .. for the appellant

Mr. Ranabir Roychowdhury, Mr. Mainak Gupta ... for the State

Petitioner Madan Gayen was convicted and sentenced to rigorous imprisonment for committing offence under Section 373 /34 of the Indian Penal Code and Sections 4/5/6 of the Immoral Traffic (Prevention) Act. CRA 709 of 2019 is an appeal against the impugned judgment and order of conviction and sentence.

It is submitted by the learned advocate for the petitioner that the victim who are the best witness in the case of like nature never identified the petitioner and his involvement in the offence has not been established. The learned trial Court held him guilty on pre-supposition that he was one of the managers of the brothel. However, the petitioner was all along on bail. He never misused the conditions for bail during trial. He suffering from term imprisonment and relying on the decisions of the Hon'ble Supreme Court in the cases of Kiran Kumar - vs- State of Madhya Pradesh, reported in 2001 Cal Cr LR (SC) page 6 and Bhagwan Rama Shinde Gosai & Ors. -vs- State of Gujarat, reported in 1999 Cal Cr LR (SC) page 247, he should be released on bail.

Learned P.P. in -Charge has also admitted that the conduct of the appellant during trial was satisfactory in

so far as observance of conditions of bail are concerned.

I have carefully perused the impugned judgment . I do concur with the learned advocate for the petitioner that the victim did not utter a single word against him alleging his involvement in committing such heinous offence. He was all along on bail. Therefore, I am inclined to release the petitioner on bail.

Accordingly, the execution of sentence passed by the learned trial Judge in Sessions Case No. 291(09)/2012(ST No. 04(04)/2013 ) is suspended till the disposal of the appeal.

The petitioner be enlarged on bail on furnishing a bond of Rs. 20,000/- with two sureties of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Haldia, Purba Medinipore, with further condition that if on bail he must meet the Officer-in- Charge of the jurisdictional P.S. once in a month during the pendency of the appeal. He is also directed to file an affidavit before the Officer-in-Charge stating his residential address where he would stay during the pendency of the appeal and he will be available in person, if necessary in course of hearing of the instant appeal.

CRAN being 2 of 2020 is, thus disposed of.

( Bibek Chaudhuri, J. )