Basir Mal @ Pairo Mal v. State Of West Bengal

CRM 7588 of 2020 (Via Video Conference) 06.10.2020 Court No. 8 Item No. 12 (DL) bdutta In Re: An application for Bail under Section 439 of the Code of Criminal Procedure in connection with Jangipara P.S. Case No. 274 of 2019 dated 07.12.2019 under Section 376AB of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act.

and In the matter of: Basir Mal @ Pairo Mal ...... Petitioner Mr. S. G. Chowdhury.

......for the Petitioner Mr. Tanmoy Kr. Ghosh.

Ms. Sima Biswas.

...... for the State The learned advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per Rules within 48 hours of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

This is a serious case under Section 376AB of the Indian Penal Code read with Section 8 of the Prevention of Children from Sexual Offences Act. The victim involved is a girl of nine years of age. It is stated that the petitioner is in custody for about 304 days and that charge has been framed. Considering the above factors, it could not be safe to enlarge the petitioner on bail at this stage because that could endanger the safety of the victim girl.

We direct the expedition of the trial to be concluded preferably by 30th June, 2021.

The application being CRM 7588 of 2020 is disposed of. (I. P. Mukerji, J.) (Hiranmay Bhattacharyya, J)