Victim Girl v. Subham Mazumder And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(DB)/4/2024 Victim Girl Vs.

Subham Mazumder and another Ms.Shipra Mandal ... for the petitioner Ms. A.S.Zinu ... for the State April 8, 2024 [SR] Item No.2 None appears for the convict today, although the convict was represented on earlier occasion.

The application for cancellation of bail is taken up for consideration subsequent to the order dated April 01, 2024. A report was called for by the Coordinate Bench on March 21, 2023. The report, as sought for, submitted today in Court be taken on record. The report of the police speaks of three police cases pending as against the respondent No.1, namely, one which the respondent no.1 herein was convicted and subsequently sentence of punishment was suspended by an order dated September 30, 2022 passed in CRA/7/2021 with IA No.CRAN/2/2022.

That apart, there are two police cases namely; CR.No.55 of 2023 dated August 01, 2023 under sections 5(j)(ii)/5(c)/5(l)/6 of The Protection of Children from Sexual Offences Act, 2012 read with section 376, 363, 366(A), 370, 370(A), 372, 373 Indian Penal Code, 1870 read with section 77/71 of Juvenile Justice Act, 2015 and CR. No.29/24 dated March 16, 2024 under section 436/323/504/506 of the Indian Pena Code, 1870. In both the cases, the respondent no.1 was taken into custody. In CR/66/2020 dated August 01, 2023, the petitioner was enlarged on bail. He is still in custody in respect of CR/29/2024 dated March 16, 2024.

Suspension of sentence granted by the present bail on September 30, 2022 was on the primary consideration of securing the future of the child as well as survivor and to afford the convict an opportunity to establish that he is a dutiful husband and father. Subsequent to the suspension of sentence, there are two police cases against the convict, as noted above. Convict involved himself in two police cases concerning grievous offences. He is in custody in one of the police cases. His conduct subsequent to the grant of suspension of sentence frustrated the object and purpose of the grant.

In view of the post-bail misconduct of the convict, we cancel the bail granted to the convict and recall the order of suspension of sentence dated September 30, 2022.

Convict will surrender before the jurisdictional Court within seven days in case he is released on bail in CR/29/2024. The jurisdictional court will take appropriate steps in the event of his default, if any. The Superintendent of the Correctional Home where the convict is lodged will take note of this order for appropriate action.

Learned advocate of the State is requested to communicate this order to the Superintendent of the Correctional Home for strict compliance.

CRM(DB)/4/2024 is allowed.

List the appeal before the next available Circuit Bench. ( Debangsu Basak, J. ) ( Bibhas Ranjan De, J.)