Calcutta High Court (Appellete Side)
Gautam Pramanik vs Unknown on 25 July, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
CRA 478 of 2013 25.07.2013
Court No.29 In re CRAN 1799 of 2013: An application under Section 389 of the Code Item No. 103 of Criminal Procedure.
(rejected) And In the matter of: Gautam Pramanik .....Petitioner Mr. Phiroze Edulji, Advocate Mr. Sandip Chakrabroty, Advocate .....For the Petitioner Mr. Pawan Kumar Gupta, Advocate .....For the State This is a case where the present petitioner has been convicted for commission of offence punishable under Sections 498A/307 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay fine with default clause.
While canvassing the prayer for bail the learned lawyer of the petitioner placed his submissions which are arranged in seriatim as follows:-
i) The formal FIR shows that after a lapse of 5/6 days, the petitioner lodged the complaint without offering any explanation for delay.
ii) The victim lady was treated in the Hospital for three days but when she was discharged, the Doctor, PW-6 stated that she was not fully cured.
iii) She got admitted in the Hospital only at the behest of one 'Daroga Babu'.
iv) Being caught by fire as set by her husband allegedly, she did not unclothe herself. Rather it is against normal human behaviour.
v) The last piece of argument of the learned lawyer was that only to frame the petitioner in this case under Section 307 and 498A of the Indian Penal Code, the victim lady set up the story.
So, the petitioner may be released on bail on any condition.
The learned lawyer of the State resisted the prayer for bail and sn drew may attention to the materials so far collected.
I have carefully examined the materials-on-record including the complaint, the statement of the victim lady recorded under Section 161 of the Code of Criminal Procedure and the trend of evidence given by the victim as well as Doctors. Considering the totality of the impact of evidence, I am of the view that this is not a fit case for granting bail. Accordingly, the prayer for suspension of execution of sentence and bail stands rejected.
Accordingly, the application being CRAN 1799 of 2013 is disposed of.
If by this time, the Lower Court Record has not reached this Court, immediately send reminder to the District Judge concerned to send the Lower Court Record positively by 14.08.2013 and thereafter, by a fortnight Paper Book be prepared and the matter be listed before the appropriate Bench for hearing.
(Toufique Uddin, J)