Tohibur Molla vs Unknown
2021 Latest Caselaw 602 Cal

27.01.2021 Mithun Sl. No.22.

D/L.

Ct.No.30 CRA/237/2020 with I.A.No: CRAN/1/2020

In re: An application under Section 374(2) of the Code of Criminal Procedure regarding judgment and orders dated 23.09.2020 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Jangipur, Murshidabad in Sessions Case No.47 of 2018 (C.I.S. Regn. No.47/2018) and Sessions Trial No.01(07)/2018 whereby convicting the appellant for the commission of an offence punishable under Section 376(1) of Indian Penal Code.

In the matter of : Tohibur Molla.

...the appellant.

Mr.Kaushik Chaudhury, Adv, Ms. B. Khatun, Adv.

...for the appellant.

Mr.Binay Panda, Adv., Ms.Puspita Saha, Adv.

...for the State.

This is an application for suspension of execution of

sentence passed by the learned Additional Sessions Judge,

1st Fast Track Court, Jangipur wherein the

appellant/petitioner was convicted and sentenced to suffer

rigorous imprisonment for four (4) years and also to pay

fine of Rs.20,000/- with default clause of imprisonment for

one (1) year for non-payment of fine.

The petitioner has preferred CRA 237 of 2020

assailing the judgment and order of conviction and

sentence. Having heard the learned Advocates for the

appellant and prosecution and on perusal of the impugned

judgment, it is ascertained that the victim is a married

lady having two children. Even if the allegation of

cohabitation with appellant by the victim is accepted, it is

prima facie an incident of consentual sex because a

married lady having two children knew the consequence of

cohabitation with a person other than her husband.

For the reasons stated above, I am inclined to

release the petitioner on bail. Accordingly, execution of

sentence passed by the learned Additional District Judge,

1st Fast Track Court, Jangipur, Mursidabad is suspended till

the disposal of the appeal and the accused be enlarged on

bail of Rs.20,000/- with two sureties of Rs.10,000/- each,

one of whom must be a local subject to the satisfaction of

the learned Additional Chief Judicial Magistrate, Jangipur

with further condition that if on bail he must visit the

Officer-in-Charge of the local police station and shall

submit his residential address by swearing an affidavit on

the first day of his visit to the Officer-in-Charge and shall

attend the Court during hearing of the appeal, if so

required. If the appellant/petitioner violates any of the

above conditions, the order of bail shall be cancelled

without further reference to this Court.

(Bibek Chaudhuri, J)