Biplab Pal v. The State
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] *** CRM (SB)/1/2025 Re: An application for bail under Section 430 of Bharatiya Nagrik Suraksha Sanhita 2023 (389 Cr.P.C) in connection with Special POCSO Case No. 43/2020 under Section 10 of the POCSO Act, 2012 And In the matter of: Shri. Biplab Pal ... Petitioner Mr. Alokesh Sarkar Mr. Kishore Karmakar ... for the petitioner Mr. Sumit Karmakar ... for the State April 3, 2025 [AKB] Item No.1 1.
The learned counsel for petitioner has submitted before this court that the petitioner has been sentenced to undergo imprisonment for five years for the offence punishable under Section 10 of the POCSO Act and also to pay fine of Rs. 50,000/- and in default of payment he has to undergo rigorous imprisonment for three months more.
2.
Learned counsel has submitted that petitioner being convict of this case has under gone imprisonment for about four years four months and there is no chance of an early hearing of the appeal being CRA(SB)/2/2025 filed by the present convict against the judgement and order of conviction dated 16.12.2020 in connection
with Special POCSO case No. 43 of 2020 of the learned Additional Sessions Judge cum Special Judge POCSO Act, North and Middle Andaman, Mayabunder. The petitioner is so poor that he is being represented by learned Counsel appointed by the State Legal Services Authority. The learned counsel has prayed for releasing him on bail during the pendency of the appeal, after suspending the order of sentence, on any condition that may be put by the Court.
3.
The learned counsel for the State opposes the prayer for bail. According to him the convict committed the offence against a child of seven years of age at the relevant point of time and if he is enlarged on bail there is every chance of his absconsion. 4.
I have considered materials on record. It is true that petitioner has been convicted of the offence punishable under Section 10 of the POCSO Act and he has already served out maximum portion of his imprisonment of five years. It is also true that there is no chance of an early conclusion of the hearing of the appeal within four or five months.
5.
Considering all aspects of the matter I am inclined to allow the prayer for bail of the petitioner on certain conditions. 6.
The petitioner Biplab Pal may find bail of Rs. 3000/- (Rupees Three Thousand only) with one registered surety of the like amount subject to the satisfaction of the learned Chief Judicial Magistrate,
Mayabunder and also on condition that he shall appear before the Hon'ble Court for hearing of the appeal on each and every day and further he shall meet the SHO, PS Rangat once in every week and shall not leave his residence at Rangat without permission from the learned Additional Sessions Judge cum Special Judge POCSO Act, North and Middle Andaman, Mayabunder.
7.
The order of sentence be suspended until further order. 8.
Let a copy of this order sheet be sent to the learned Chief Judicial Magistrate, Mayabunder for his information and necessary action.
9.
With the above direction the bail application being CRM (SB)/1/2025 is disposed of.
(Apurba Sinha Ray, J.)