← Library
Calcutta High CourtCRM (DB)/3625/2022rejected

Jamal Sk v. State Of West Bengal

2022-11-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

07.11.2022.

37.

Ct.No.28 as (Rejected) C.R.M. (DB) 3625 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No.291 of dated 09.07.2015 under Sections 363/366A/34 of the Indian Penal Code and charge sheet submitted under Sections 363/366A/34 of the Indian Penal Code and Section 4 of the POCSO Act.

In the matter of : Jamal Sk.

... Petitioners.

Mr. Angshuman Chakraborty, Mr. S. S. Saha.

...for the Petitioners.

Mr. Pravas Bhattacharyya, Mrs. Sujata Das.

...for the State.

Petitioner renews his prayer for bail. He submits there is slow progress in the matter before the trial court. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the minor victim who has implicated the petitioner in the crime.

Under such circumstances, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

Trial court is directed to consider the issue of framing of charge at the earliest and in the event charge is framed to take

the proceeding to its logical conclusion keeping in mind the statutory mandate of Section 35(2) of the POCSO Act. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)