Dr. Javid Maricar v. The State

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] **** CRM/12/2021 Dr. Javed Maricar ... Petitioner Vs.

The State ... Respondent Mr. D. C. Kabir, Advocate Mr. S. Ajith Prasad ... for the petitioner Ms. A. S. Zinu, Advocate ... for the respondent/OP September 15, 2021 [SR] Item No.1 This is an application under section 439 of the Code of Criminal Procedure, 1973. The petitioner claims to be a highly respected doctor and physician having established family in Port Blair.

It is submitted that stringent provision of POCSO Act is in misuse in this particular case by implicating the petitioner with the sole intention of leverage in a set of inheritance and property disputes between the petitioner's wife and the defacto complainant who are uterine sisters, being the daughters of the same mother with her first and second husbands respectively.

Mr. Kabir, learned advocate for the petitioner has taken me to various documents annexed to this application to submit that they demonstrate the exact nature of the civil disputes pending between the uterine sisters and various proceedings before the civil courts were also settled between them.

It is pointed out that since the mother of the defacto- victim girl had expressed her intention to settle the disputes in the pending civil case relating to their properties inherited by them and as she was in dire need of money, it was the petitioner who has got travel ticket by air for her arrival to Port Blair to get all the disputes settled.

These facts are narrated in paragraph 5 of the application. It is submitted that a false case has been foisted at the instance of the mother of the victim girl as a leverage to cerate pressure so that she could commit extortion out of inherited properties from her own sister.

Ms. Zinu, learned advocate for the respondent pressed in service the case diary by inviting my attention to the statement of the victim girl recorded under Section 164 Cr.P.C to submit that the offence, prima facie, has been committed by the petitioner. The offence alleged is undoubtedly an allegation. The provision of POCSO Act is very stringent but, in my view, there cannot be an inexorable formula in the matter of grant of bail in the facts situation of the case.

Hence in the given facts and circumstances of the case, I am inclined to admit the petition for bail. Accordingly, the petitioner be released on bail on furnishing of bond of Rs.10,000/- with two sureties of like amount one of which should be local subject to satisfaction of the learned Chief Judicial Magistrate, Port Blair on a condition that the petitioner, while on bail, shall make himself available before the Investigating Officer in the interest of investigation into the matter when called to do so. Thus, CRM/12/2021 is disposed of.

The parties are directed to act on the server copy of the order downloaded from the official website.

( Shivakant Prasad, J. )