Calcutta High Court (Appellete Side)
(Md. Saiful Sardar @ Mistry & Ors vs State Of W.B.) on 23 September, 2019
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
1
C.R.A.N. 2528 of 2019
23.9.2019
AD +
Sl. 180 C.R.A. 185 of 2017
Ct. 35
Re : Application under Section 374 (2) of the Code of Criminal
Procedure, 1973 filed on 7.3.2019.
(Md. Saiful Sardar @ Mistry & Ors. V. State of W.B.) Mr. Dipanjan Chatterjee Mr. Kalyan Kumar Bhattacharjee Mr. Sudav Shaw Ghosh ... For the Appellants.
Mr. Narayan Prasad Agarwala Ms. Sujata Das ... For the State.
It is submitted by the learned Counsel appearing on behalf of the appellant that the appellant was on bail during trial though the appellant was convicted for committing offences under Section 363 of the Indian Penal Code and 372 of the Indian Penal Code. The learned Counsel further submits that the Trial Judge failed to consider the age of the victim who is not a minor and ignored the procedure prescribed by the apex court.
Learned Counsel Appearing for the State opposes the prayer for bail and submits that the victim girl is a minor and such plea on the part of the appellant that she is not a minor has not been probabalised by leading defence. 2 I have considered the rival submissions made by the learned Counsel appearing on behalf of the parties. Though the appellant was on bail during trial but after perusal of the depositions as handed over by the appellant I am not inclined to suspend the sentence of the appellant in the facts of the case.
The application being CRAN 2528 of 2019 is rejected. I have been informed by the appellant that the Lower Court Records have not arrived in this Court. The department is directed to bring the Lower Court Records at an earliest and to prepare the paper books within 12 weeks from today. Urgent photostat certified copy of this order, if applied for, shall be supplied to the learned Counsel for the parties as expeditiously as possible, in compliance of usual formalities.
(Rajarshi Bharadwaj, J.)