Calcutta High Court (Appellete Side)
Kiran Mir @ Mir Hero Ali @ Mir vs Unknown on 9 March, 2021
09.03.2021
Mithun
Sl. No.07
D/L.
Ct.No.30. CRA/502/ 2019
with
IA No:CRAN/1/2019 (Old No:CRAN/3852/2019)
In re: An application under Section 389(1) of the Code of
Criminal Procedure, 1973.
In the matter of : Kiran Mir @ Mir Hero Ali @ Mir
Kiron Ali.
...the appellant.
Mr.Imtiaz Ahmed, Adv.
Mr.Dipiendu Banerjee, Adv.
Mrs.Ghazala Firdaus, Adv,
Mrs.Smita Saha, Adv.,
Mr.Supriya Majumder, Adv,
Sk. Saidullah, Adv.,
Mr. Arunima Mukhopadhyay, Adv,
Mr.Debopam Roy, Adv.
... for the appellant.
Mrs.Faria Hossain, Adv.
...for the State.
This is an appeal against conviction and sentence in a case
under Section 376 of the Indian Penal Code where a juvenile
accused /appellant allegedly committed rape upon a major lady.
The learned Advocate for the appellant has prayed for bail
of the appellant on the following grounds:-
(1) Belated F.I.R. The F.I.R. was lodged after four days
of the occurrence;
(2) The incident allegedly took place in the evening and
the mother of the victim found her lying on the
ground in a bamboo grove under torchlight. The
said torchlight was not seized.
(3) The mother of the victim found oozing of blood from
the private part of the victim but she was not
medically examined immediately after the
occurrence.
(4) The father of the victim was not informed about the
incident immediately after the same and he came to
know after three days of the occurrence.
(5) The father of the victim and neighbours of the victim
did not depose during trial of the case.
In view of the lacuna mentioned above, the
appellant should be released on bail pending disposal of
the appeal.
Mrs.Faria Hossain, learned Advocate appearing for
the State has raised vehement objection against the
prayer for bail. Having heard the learned Counsels for the
parties and on perusal of the impugned judgment, I am of
the view that the ground for which bail of the appellant is
sought for, may be very good grounds to be considered at
the time of hearing of the appeal. At this stage, the
appellant stands on the ground being convicted by the
Trial Court for committing rape upon a lady who is
admittedly older than the accused. At the time of
commission of offence, the accused was juvenile.
Therefore, culpability of the accused prima facie compels
me to reject the prayer for bail during the pendency of the
appeal.
Accordingly, prayer for bail of the appellant is
rejected.
It is found from the office report that the lower court
records have already been received, examined and found
complete.
Therefore, department is directed to prepare paper
book within three weeks from the date of this order and
serve a copy of the same to the learned Advocate for the
appellant and the State. Immediately on receipt of the
copy of the paper book, learned Advocate for the appellant
is at liberty to mention this matter for hearing of the
appeal.
Since at the time of hearing of the application for
bail, State of West Bengal was not represented, this Court
requests Mrs.Faria Hossain, learned Advocate to assist this
Court on behalf of the State. She took part in the hearing.
Therefore, her appointment in the instant appeal be
regularized.
Learned Public Prosecutor, High Court, Calcutta is
requested to engage another Advocate from the Senior
Panel of the Public Prosecutor-in-Charge considering the
gravity of the case along with Mrs.Faria Hossain.
Let a plain copy of this order be served to the
learned Public Prosecutor, High Court, Calcutta for
information and compliance.
(Bibek Chaudhuri, J)
