Md Baris Alias Md Barish v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 19-11-2020 Subha Item no. 3 rejected C.R.M. No.8520 of 2020 Md. Baris @ Md. Barish -vsThe State of West Bengal (Via Video Conference) In Re: An application for bail under Section 439 CrPC in connection with POCSO Case No. 56 of 2020 arising out of Malda P.S. Case No.291 of 2020 dated 30.05.2020 under sections 448/506 I.P.C read with S.4 of the POCSO Act, 2012.

Mr. Parvej Anam ...for the petitioner.

Mr. Rana Mukherjee,APP Mr. Goutam Wilson ... for the State. The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within forty-eight hours of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. The charge against the petitioner is under Section 376 of the Indian Penal Code. The victim is a girl of 14 years of age attracting the POCSO Act, 2012. Charge-sheet has been submitted but the charge has not been framed till date.

Considering the gravity of the alleged offence and the tender age of the victim girl, we direct that the charge be framed immediately and trial shall commence as expeditiously as possible and should be concluded positively by June 30, 2021.

This application for bail of the petitioner is rejected. CRM 8520 of 2020 is, thus, disposed of.

[I.P. Mukerji, J] [Md. Nizamuddin , J]