An Application For Bail In ... vs Md. Imtiayaz @ Imtiaz @ Md. Imtiaz
2021 Latest Caselaw 4990 Cal

23.09.2021

suman Ct. 30 CRA 503 of 2019 With CRAN 1 of 2019 (Old CRAN No.4798 of 2019)

(Via Video Conference)

In the matter of: An application for bail in connection with

appeal under Section 389(1) of the Code of Criminal

Procedure, 1973 in connection with Special Case No.09 of

2019 corresponding to Special Trial No.2 (7) of 2019.

And

In the matter of: Md. Imtiayaz @ Imtiaz @ Md. Imtiaz Vs.

The State of West Bengal & Anr.

Mr. Jayanta Narayan Chatterjee Mr. Debashis Banerjee Mr. Apalak Basu Ms. Moumita Pandit Mr. Nazir Ahmed Ms. Jayashree Patra Ms. Swagata Das Ms. Ritushree Banerjee ...for the appellant

Mr. Rana Mukherjee Smt. Sujata Das Mr. Suman Saha ...for the State

This is an application for suspension of sentence and

grant of bail pending appeal in connection with order of

conviction dated 2nd August, 2019. The criminal proceeding

arose under Section 6 of the Protection of Children from

Sexual Offences Act, 2012. The petitioner was convicted of

life imprisonment having found to have committed

penetrative sexual assault on a minor girl.

We have heard the learned counsel for the parties and

adverted to the quality of the appreciation of evidence and

have assessed ourselves the possibility of ultimate outcome

of the appeal in hand. The appeal is not possible to be

taken up for hearing immediately. We have carefully

perused the evidence of the victim recorded under Section

164 of the Code of Criminal Procedure and the evidence of

the accused. We have assumed cognizance of the evidence

of the victim who was 17 years of age at the time of

occurrence. It appears from the evidence that she became a

mother of a child of the accused and the child is presently

two years of age. The victim is presently residing with her

in-laws at the matrimonial home. Keeping all these views in

mind and considering the quality of evidence before the trial

Court we are of the prima facie view that the appellant has

demonstrated a strong prima facie case for suspension of

sentence and grant of bail pending this appeal. In this

regard we have been fortified with a decision of the

Co-ordinate Bench in the matter of Rohit @ Mohammad

Faizan decided on 3rd February, 2020 (CRA No.544 of

2019 with CRAN 4564 of 2019). This judgment has been

relied upon by Mr. Chatterjee, learned counsel appearing on

behalf of the appellant.

Accordingly, the appellant/applicant is eligible to grant of

bail and we, accordingly, allow this application to the extent

that the appellant /applicant shall be released on bail upon

furnishing a bail bond of Rs.10,000/-, with two sureties of

like amount each, one of whom must be local, to the

satisfaction of learned Convicting Court and on further

condition that the appellant /applicant shall meet the

Officer-in-Charge of the concerned police station once a

month and further that the appellant shall be personally

present or be represented before this Court when the appeal

is taken up for hearing.

List the appeal for hearing as and when the same

becomes ready for hearing.

The application being CRAN No.4798 of 2019 is, thus,

disposed of.

Criminal Section is directed to supply urgent photostat

certified copy of this order to the parties, if applied for, upon

compliance of all necessary formalities.

(Rabindranath Samanta, J.) (Soumen Sen, J.)