Calcutta High Court (Appellete Side)
Kabir Mondal & Ors vs Unknown on 28 January, 2014
Author: Toufique Uddin
Bench: Toufique Uddin
CRA 15 of 2014 28.01.2014
Court No.21 In re CRAN 304 of 2014: An application for bail under Section 389 of the Item No. 65 Code of Criminal Procedure.
(REJECTED) And In the matter of: Kabir Mondal & Ors.
.....Petitioners Mr. Amitabha Karmakar, Advocate .... For the Petitioners Mr. Anand Keshri, Advocate .... For the State This is a case where the present petitioners have been convicted for commission of offence punishable under Sections 363 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six years each with further direction to pay fine with default clause.
While canvassing the prayer for suspension of execution of sentence and release of the petitioner on bail, the learned lawyer of the petitioner contended as follows:-
i) The victim girl was taken where and from where she has been recovered is not clear from the evidence.
ii) A Salish alleged to have been held but no person remaining present in the said Salish has deposed.
iii) All the independent witnesses have turned hostile.
iv) The age of the victim girl could not be stated either by the Doctor or anybody else.
v) The involvement of the petitioners does not transpire from the evidence of the witnesses.
The learned lawyer of the State resisted the prayer for bail and submitted that from the statement of the victim, it will prove that there was commission of offence.
sn Having heard the learned lawyers of both sides and considering the nature of offence and the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, I think this is not a fit case for granting bail. Accordingly, the prayer for bail stands rejected.
The application being CRAN 304 of 2014 accordingly stands disposed of.
Send a reminder to the District Judge concerned immediately, if not the Lower Court Record has received by this time.
Upon receipt of the Lower Court Record, requisite number of Paper Books be prepared within one month. Thereafter, the matter be placed before the appropriate Bench for hearing.
If the entire exercise is not completed by three months hence, the petitioners will be at liberty to renew their prayer for bail.
(Toufique Uddin, J)