Calcutta High Court (Appellete Side)
Habibulla @ Sk. Habibulla vs The State Of West Bengal & Anr on 22 August, 2022
22.08.2022
S/L No.7
KS
C.R.A.(SB) 111 of 2022
With
IA No. CRAN 1 of 2022
Habibulla @ Sk. Habibulla
-Vs.-
The State of West Bengal & Anr.
In Re. An application under Section 389(1) of the Code of Criminal
Procedure, 1973.
Mr. Arindam Jana
Mr. Soumyajit Chatterjee
Mr. Dipendu Sarkar
Mr. Goutam Dey
..... For the Appellant/Petitioner
Ms. Anasua Sinha
Ms. Jonaki Saha
.....For the State
Mr. Jana, learned advocate appears for the appellant and submits that
the appellant was throughout on bail and has been taken into custody
pursuant to the judgment and order of conviction and sentence passed by the
Learned Special Court.
Ms. Sinha, learned advocate appearing for the State opposes the prayer
for bail and submits that the appellant happened to be the neighbour who had
inappropriately touched the victim girl and the evidence has been
corroborated by the victim girl both in her deposition before the Court as well
as the statement recorded before the Learned Magistrate under Section 164 of
the Code of Criminal Procedure. Having regard to the presumptions under
the POCSO Act the offence of the Learned Special Court remains
unchallenged.
Be that as it may, the tenure of imprisonment was awarded by the
Learned Special Court for a fixed term, having regard to the fact that the Paper
Books have to be prepared, I am of the opinion that during the pendency of the
appeal the appellant may be released on bail on certain conditions.
Accordingly, I am of the opinion that the appellant/petitioner should be
released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of like amount each, one of whom must be local, to the
satisfaction of the Learned Special Court under the POCSO Act, Haldia.
Having regard to the subject-mater of the case, I direct that the
appellant/petitioner would be staying outside the Durgachak Police Station till
further orders of this Court. The appellant/petitioner would meet with the
Officer-in-Charge of the concerned police station wherein he would be
residing during the period of pendency of the appeal. Such information
regarding his place of residence must be furnished before the Learned Special
Court. The appellant shall once in a month attend the Learned Special Court
under the POCSO Act, Haldia and obtain an acknowledgement regarding his
availability once in a month.
Accordingly, IA No. CRAN 1 of 2022 is disposed of.
Department is directed to prepare Paper Books immediately after
receiving the Lower Court Records preferably by 22nd September, 2022.
Let the matter appear under the heading "To Be Mentioned" on 23 rd
September, 2022.
All parties are directed to act on the server copy of this order
downloaded from the official website of this Hon'ble Court.
Urgent photostat certified copy of this order, if applied for, be made
available to the parties upon compliance of the requisite formalities.
(Tirthankar Ghosh, J.)
