Sujoy Basu vs Unknown
2024 Latest Caselaw 4430 Cal

Calcutta High Court (Appellete Side)

Sujoy Basu vs Unknown on 30 September, 2024

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

30.09.2024
Serial no. 7
  CT.-35
  [G.S.D]



                                    CRA (SB) 142 of 2024
                                                 With
                                              CRAN 1 of 2024

               In Re: An Application for Bail under Section 430(1) of Bharatiya Nagarik Suraksha
                  Sanhita, 2023 under Section 389(1) of the Code of Criminal Procedure, 1973.

                                                     AND


                 In the matter of : Sujoy Basu
                                                                     ... ... appellant
                         Mr. Sujoy Sarkar
                         Mr. Indranil Roy Chowdhury
                         Ms. Moumita Pandit
                                                                 ... for the appellant
                         Ms. Amita Gaur
                         Ms. Madhumita Basak
                                                                 ... for the State
                         Mr. Rabi Sankar Chattopadhyay
                         Mr. Uday Sankar Chattopadhyay
                                           ... for the defacto-complainant



                         The appellant/petitioner has preferred the appeal in

               connection with the Judgment and Order of conviction and

               sentence being passed by the learned Special Court, POCSO

               in connection with Special Case No. 33 of 2021 arising out of

               Baruipur Women PS Case No. 29 of 2011 dated 11.03.2021.

                         The learned Trial Court on an assessment of whole of

               the evidence was pleased to convict the appellant/petitioner

               under Section 363 of the IPC and Section 10 of the POCSO

               Act. The petitioner has been sentenced, accordingly, for a

               period of three years and for a period of five years,

               respectively.
                         2




        I have considered the submissions advanced on the

behalf of the learned advocate for the Defacto-complainant

as well as that of the State. On consideration of the

Judgment so cited of the learned Trial Court, learned

advocate for the private respondent as well as the State has

expressed their dissatisfaction and has drawn the attention

of the Court to the medical evidence.

Prima face, I find that the grievances of the State as

well as the private respondent(s) are justified.

It has been submitted that the petitioner/appellant is

in custody for a period of three years and seven months out

of maximum period of five years of punishment so imposed

by the learned trial Court.

However, having considered the prima facie

materials as observed in the draft of the Judgment of the

learned Trial Court, I am not inclined to release the

petitioner on bail.

Accordingly, the prayer for bail in connection with

appeal of the petitioner/appellant is Rejected.

Accordingly, CRAN 1 of 2024 is dismissed.

Parties to act on a server copy of this order duly

collected from the official website of the Hon'ble High Court,

Calcutta.

(Tirthankar Ghosh, J.)